UNIVERSITY OF PITTSBURGH LIBRARY Dar . Rm . 1875 A21 THIS BOOK PRESENTED BY Dr. Francis .".ewton Thoi'pe Digitized by tine Internet Arciiive • in 2009 witii funding from University of Pittsburgii Library System littp://www.arcliive.org/details/journalofconstitOOtexa JOURNAL OF THE r SONSTimiOML COiyENTIOI OF THE STATE OF TEXAS, BEGUN AND HELD AT THE CITY OF A.XJSTI3. H. Davis of Brazos, Bird B. Davis of Wharton, Charles De- Morse, W. W. Dillard, Joe P. Douglass, A. J. C. Dunnam, J. JOURNAL OF THE {Sept 6, 1875. W. Ferris, Web. Flanagan, J. R. Fleming, George Flournoy, John S. Ford, J. C. Gaither, J. L. German, A. C. Graves, Joseph E. Haynes, J. R. Henry of Limestone, J. L. Henry of Smith, W. C. Holmes, Asa Holt, J. F. Johnson of Franklin, J. H. Johnson of Collin, S. B. Killongh, C. B. Kilgore, Henry C. King, Robert Lacy, Thomas Lockett, F. J. Lynch, Mac McCabe, George McCormick, W. P. McLean, B. D. Martin of Hunt, F. M. Mar- tin of Navarro, John S. Mills, John Mitchell, L. W. Moore, J. R. Morris, Lipscomb JSTorvell, T. L. ISTugent, David A. ISTunn, G. Pauli, E. B. Pickett, Wm. Neal Ramey, John H. Reagan, R. B. Rentfro, W. Reynolds, E. S. C. Robertson, Joel W. Robinson, L. S. Ross, E. S. Rngely, S. H. Russell of Harrison, Jonathan P. Russell of Wood, Richard Sansom, P. R. Scott, G. A. Sessions, C. R. Smith, Israel Spikes, J. W. Stayton, F. S. Stockdale, Jacob Waelder, H. W. AVade, W. T. G. Weaver, C. S. West, W. W. Whitehead, J. W. Whitfield, and W. B. Wright. Mr. Ferris offered the following resolution : Resolved^ That the following oath be administered by the proper State officer to the delegates of this Convention : " You do solemnly swear that you will support the constitution of the United States ; and that you will faithfully discharge the duties of a delegate to this Convention, to the best of your ability." Mr. Crawford ofi'ered the following substitute : " I do solemnly swear that I will support the constitution of the United States, and the present constitution of the State of Texas, until the same shall be abrogated and substituted by the constitution now to be made ; that 1 am not disqualified from holding office under sections 30 and 31 of Article 3, nor under section 9 of Article 12, of the constitution of the State of Texas ; and that I will faithfully discharge tlie duties of my office of del- egate, to the l)est of my ability, so help me God." On motion of Mr. McCormick, the substitute was laid on the table. The question then recurring on the adoption of the original resolution ofiercd by Mr. Ferris, it was adopted. On motion of Mr. Brown, a committee of three were appointed to wait on Judge Gcoi'gc Moore, of the Supreme Court, for the purpose of having him administer the oath to the delegates. Mr. Fleming, Mr. Henry, of Smith, and Mr. Martin, of Na- varro, were appointed said committee. The committee a])peared witli Judge Moore, who, in accord- ance with the resolution adopted, administered the prescribed oath to the delegates. Mr. Flournoy moved that it require a majority of all the Sept. 6, 1875.] CONSTITUTIONAL CONVENTION. 5 votes of the delegates present to the election of officers of the Convention. Adopted. On motion of Mr. Allison, the Convention proceeded to the election of a President. Mr. DeMorse moved that tlie vote be taken moa voce. Lost. On motion of Mr. Graves, the President pro tern, appointed the following persons as tellers : Mr. Graves, Mr. McCormick and Mr. Weaver. Nominations being in order, Mr. Burleson nominated Mr. John Henry Brown, of Dallas; Mr. Henry, of Smith, nominated Mr. E. B. Pickett, of Liberty ; Mr. Waelder nominated Mr. F. S. Stockdale, of Calhoun county ; Mr. McLean nominated Mr. E. L. Dohoney, of Lamar ; Mr. Rentfro nominated Mr. Web. Flanagan, who requested that his name be withdrawn, where- upon Mr. Rentfro withdrew the nomination. The result of the first ballot was as follow^s : E. B. Pickett, thirty-six ; John Henry Brown, six ; F. S. Stockdale, fourteen ; E. L. Dohoney, twenty-two. There being no election, the Convention proceeded to a second ballot, with the following result : E. B. Pickett, forty-three ; John Henry Brown, t¥70 ; F. S. Stockdale, twelve ; E. L. Do- honey, twenty- three. Mr. E. B. Pickett having received a majority of all the votes, was declared duly elected President of the Convention. On motion of Mr. Scott, a committee of three were appointed to wait on the President elect, and conduct him to the chair. Mr. Scott, Mr. Ballinger and Mr. Ross were appointed as said committee. The President elect was conducted to the chair and introduced by the chairman of the committee, and addressed the Convention as follows : Gentlemen of the Convention — I thank you for the high honor you have just conferred npon me in selecting me to preside over your deliberations. The duties of the position I know and you know are difficult and onerous, but with your assistance I think we can surmount them. All I can do now is to promise you that I will try to discharge them to the utmost of my humble ability. At the threshold of our labors it might be well that we survey, for a moment, the grounds we are to occupy, and to consider for a few moments some of the duties that lie before us. We ninety delegates have been selected in our respective districts, out of a population of a million and a half of people, to come here and perform the difficult work of making a new Constitution for this people and for this young and great and growing State. The JOURNAL OF THE {Sept 6, 1875. people of Texas have confided to us this important trust, and this fact should impress each and every one of us with a serious and solemn sense of the responsibility he is under to himself, to his country, and to posterity ; to see to it that the instrument that shall be made here shall be such as sliall commend itself, not only to the people of tlie State to-day, but to the people that may come after us. The people want a new Constitution. They are not satisfied with the present one. They have sent us here to make a new one. We have not come here to make one for our- selves any more than we have for any other ninety men in the State. If we had come here to make one for ourselves, we mi2;ht then make one as our individual inclinations mio-ht wish it to be, but instead of tliat we have come to make a Constitution for the people. Then how sliall we do it ? Is it not best that we shall try to make it — not as one, two, three, or a dozen might desire it — but that we should study to find out the wishes of the people and make a Constitution that they will approve. Let us be care- ful ; for if we put anything into the Constitution that tlie people of the State do not wish there they will take it out by amend- ment, and they ought to do so. C)n the other hand, if we leave anything out of the Constitution that the people want in it, they will put it there, and they ought to have it so. If we make a Constitution and the people of this State discover in the near future that it needs amendment, then I say to you that we shall have failed to make such a Constitution as they had a right to expect. Unless we make a Constitution that satisfies them and the times in which we live, and is so adapted that it may continue to serve those who come after us for a very considerable period of time, we will not have fully accomplished our work. These thoughts, it seems to me, can not be too strongly impressed upon us. Gentlemen, tliere is but one other suggestion I ask the liberty of makinix. It is almost needless to make it, for you all recognize it and leel its force as strongly as I do. It is this : We should remember, in every part Qf our work, that we are making an organic law for our own civilization, the most ad- vanced of which the world has any knowledge, and we should keep ourselves on a level with it and look to it that we never at any time sink below it. Hoping that we may be able to make such a Constitution as will satisfy the ])eople and meet the wants and interests of this great and growing State for an indefinite period in the future, that our labors nuiy be harmonious, and that when we have done our work, it may meet the wishes of our constituents, I thank you for the honor you have done me and the attention with which you have listened to my remarks. Sept. 6, 1875.] CONSTITUTIONAL CONVENTION. 7 The President announced the first business in order the elec- tion of a Secretar}'^, and that nominations were now in order. Mr. West nominated Major Leigh Chahiiers, of Travis county ; Mr. DeMorse nominated j! F. Beall, of Fort Worth. The Convention proceed to ballot, with the following result : Chalmers, forty-nine ; Beall, thirty-four. Major Chalmers having received a majority of all the votes, was declared duly elected Secretary of the Convention. On motion of Mr. Flournoy, Capt. Fred Voigt was appointed temporary 8ergeant-at-arms. The election of Sergeant-at-arms being the next business in order, Mr. Allison nominated Capt. Tom Bowers, of Panola county ; Mr. Ballinger nominated Mr. Joe Owens, of Galveston ; Mr. Moore nominated Capt. M. B. Highsmith, of Bastrop county ; Mr. Robertson nominated Mr. Lew Wells, of San Saba; Mr. Martin, of Hunt, nominated B. G. Carter ; Mr. Johnson, of Frank- lin, nominated Noah L. Byars ; Mr. Kilgore nominated Mr. Baker ; Mr. Haynes nominated J. H. Fitzhugh, of Travis county. The Convention proceeded to ballot, with the following result : Bowers, fifteen; Wells, eight; Owens, twenty-six; Highsmith, eleven ; Carter, nine ; Byars, four ; Baker, one ; Fitzhugh, nine. No one having received a majority of all the votes, the Con- vention proceeded to a second ballot. ^ Mr. McLean offered the following resolution : Resolved., That the names of all the candidates for Sergeant- at-arms be dropped after the second ballot, excepting the two receiving the highest number of votes. Adopted. The Convention then balloted the second time, with the fol- lowing result: Bowers, seventeen; Owens, thirty-six; Wells, six ; Highsmith, seven ; Carter, five ; Byars, two ; Fitzhugh, ten. There still being no election, the Convention proceeded to a third ballot, with the follawing result : Bowers, thirty -five ; Owens, forty-six. Mr. Owens having received a majority of all the votes, was declared duly elected Sergeant-at-arms of the Convention. Mr. Russell, of Wood, offered the following resolution : Resolved., That the President appoint a committee of three to ascertain and report the ofiicers and employes necessary to com- plete the permanent organization of this Convention, and that this committee report at the assembling of the Convention to- morrow. Mr. Reagan offered the following resolution, as a substitute: Resolved., That the President of this Convention appoint a 8 JOURNAL OF THE {Sept. 6, 1875. committee, consisting of lifteen members, and that said commit- tee report to the Convention, as soon as practicable, what other officers and employes are necessar}" to facilitate the labors of this Convention. litsolved further^ That said committee, at the same time, report to the Convention the rate of per diem pay and mileage of the members of the Convention, and the rate of compensation of the officers and employes of the Convention. The substitute was adopted. Mr. Brown oliered the following resolution : Besolved^ That the Sergeant-at-arms be instructed to arrange for drawing for seats by the delegates, on the assembling of the Convention to-morruw. Mr, Whitlield olfered to amend by inserting " that the draw- ing be by districts." The amendment was adopted. The resolution, as amended, was then adopted. Mr. DeMorse offered the following resolution : lie.soJctd^ That a printing committee, to be composed of five members, be appointed by the President, to provide for the neces- sary printing for the Convention and the procurement of a daily issue of public journals, containing syno))tical reports of the pro- ceediaigs of the Convention, who shall report as soon as prac- ticable. Mr. Dohoney offered the following, as a substitute : Rei^olocd., That the President of the Convention appoint a com- mittee of seven members, to consider and report to the Conven- tion, as soon as practicable, the number and designation of stand- ing committees for the Convention. The substitute was adopted. The President appointed the folloAving committee, under the substitute just adopted : Messrs. Keagan, DeMcrse, Russell of Wood, Cooke of San Saba, lloss, AVhitiield, Ford, Robinson of Fayette, Martin of Navarro, Cook of Gonzales, Ballinger, Bar- nett, McLean, AVhitehead, and Johnson of Collin. Mr. Stockdale offered the following resolution : Ilesolved., That a committee of seven members be appointed by the President on the rules and order of proceeding of the Convention. Adopted. The Secretary and Sergeant-at-arms elect came forward and took the oath of otHce. Under the resolution just adopted, the President appointed the Sept. 7, 1875.] CONSTITUTIONAL CONVENTION. 9 followii^g members : Messrs. Stockdale, Dohoney, Norvell, West, Ferris, Floiirnoy and Fleming*. The President appointed the following committee, nnder Mr. Dohonej'S resolution on the subject of standing committees : Messrs. Dohouej", King, Brown, Henry of Smith, Moore and McCormick. On motion of Mr. Moore, a committee of three w^as appointed to wait on the Governor, and inform His Excellency that the Convention was now organized and ready to proceed to business. The President appointed Messrs. Moore, Ferris and Holt. On motion of Mr. Whitfield, the Convention adjourned until 9 o'clock A. M. to-morrow. SECOND DAY. Hall of Representatives, \ Austin, Texas, September 7, 1875. ) Convention met, pursuant to adjournment ; roll called ; quo- rum present. Prayer by the Rev. Mr. John Lovejoy. The President submitted the following communication to the Convention : To the President of the Constitutional Convention : Dear Sir — The "Ministerial Association, of Austin," com- posed of pastors of various churches, hereby tenders its gratuitous services to the Convention, to open its sessions with prayer daily, and whatever other religious exercises may be needed. I have the honor to be your obedient servant, R. H. Willenberg, President ol Association. On motion of Mr. West, the Convention accepted the services as tendered, and the Secretary was instructed to notify the presi- dent of the association of the acceptance of the services tendered, and to return the thanks of the Convention to the association. Messrs. C. Erhard of Bastrop county, A. O. Cooley of Gillespie county, E. W. Brady of Grimes county, and S. A. McKiimey of Denton county, delegates elect, came forward, presented their cre- dentials, and took the oath prescribed by the Convention. Mr. Reagan, as chairman of a select committee, submitted the following resolution : Resolved., That the Convention will elect the following named officers, in addition to those heretofore elected, to wit: Two 10 JOURNAL OF THE {Sept. 7, 1875. assistant secretaries, who shall, in addition to their other duties, do the engrossing and enrolling for the Convention ; one assist- ant sergeant-at-arms, who shall, in addition to his other duties, be the postmaster of the Convention, and who shall, when neces- sary, assist the door-keeper ; and one door-keeper. Resolved^ That the President of the Convention he authorized to appoint two pages, and not exceeding three porters, for the Convention. Resolutions adopted. The Convention tlien proceeded to the election of a first assist- ant secretary, Messrs. Eaniey, Graves and Chambers acting as tellers. Nominations being in order, Mr. Robertson, of Bell, nomina- ted H. C. Surghnor^ of Bell county; Mr. Cook, of Gonzales, nominated T. J. Pilgrim ; Mr. Ramey nominated W. D. R. Mc- Connell ; Mr. Nugent nominated A. H. Hutchins; Mr. Abernathy nominated S. M. Hopping ; Mr. Cooke, of San Saba, nominated A. H. Latimer ; Mr. Kilgore nominated E. W. Terhune ; Mr. Holmes nominated Fred. Cockrell ; Mr. Chambers nominated J. W. Lane. The first ballot resulted as follows : Surghnor, ten ; Pilgrim, thirteen ; McConnell, eleven ; Hutchins, ten ; Hopping, two ; Latimer, twenty ; Terhune, three ; Cockrell, four ; Lane, seven ; and Beaumont, one. Mr. Kilgore withdrew the name of Mr. Terhune. There being no election, the second ballot was had, with the following result : Surghnor, six ; Pilgrim, thirteen ; McConnell, seventeen ; Hutchins, three ; Hopping, two ; Latimer, thirty-six ; Cockrell, five ; Lane, two ; and Beaumont, one. No election. Mr. Rugely ottered tlie foHowing resolution : Resolved^ That in all future elections of officers by this Con- vention, after the second ballot the names of all shall be dropped except the two receiving the highest number of votes. Mr. Allison ottered the following, as a substitute : Resolved^ That in all elections hereafter for ofticers of the Con- vention, where there are more than two candidates, after each ballot the (candidate receiving the lowest number of votes shall be dropped. Adopted. Third ballot — Pilgrim, twelve ; McConnell, eighteen ; Hutch- ins, one ; Latimer, fifty-one. Mr. Latimer having received a majority of all the votes, was declared duly elected first assistant secretary. Nominations being in order for second assistant secretary, Mr. Sept. 7, 1875.J CONSTITUTIONAL CONVENTION. 11 George McCormick nominated Mr. J. L. Cnnnino;ham ; Mr. Martin, of Navarro, nominated G. N . Beaumont ; Mr. Bruce nominated W. Shropshire; Mr. Gaither nominated Mr. La- Prelle ; Mr. Crawford nominated James M. Speake; Mr. Hohiies nominated J. W. Lane; Mr. Sansom nominated T. H.Jones; Mr. Dohoney nominated Nat. Q. Henderson ; Mr. Stockdale nominated L. E. Daniels. The Convention proceeded to ballot, with the following result : Cunningham, twenty-five; Beaumont, sixteen ; Shropshire, nine; La Prelle, twelve ; Speake, seven ; Lane, two ; Jones, five ; Hen- derson, five; Daniels, two. Mr. Gaither withdrew the name of Mr. La Prelle. Second ballot — Beaumont, twenty ; Cunningham, forty-three ; Shropshire, nine ; Speake, seven ; Jones, one ; Henderson, one. Mr. Cunningham having received a majority of all the votes, was declared duly elected second assistant secretary. The next business in order being the election of an assistant Sergeant-at-arms, Mr. Fleming nominated O. J. Downs ; Mr. King nominated K. G. Ellis ; Mr. Ford nominated Capt. M. B. High- smith ; Mr. Reagan nominated Sidney Darnell ; Mr. Wright nom- inated A. E. Ivey ; Mr. Henry, of Smith, nominated Crockett Williams ; Mr. Robertson, of Bell, nominated J. R. Hardeman ; Mr. Wade nominated John Hart ; Mr. Nunn nominated J. F. Downes. The result of the first ballot was as follows : Downes, three ; O. J. Downs, eight ; J. F. Downs, fiv^e ; Ellis, nine ; Highsmith, ten ; Darnell, fifteen ; Ivey, nineteen ; Williams, three ; Harde- man, seven ; Hart, four ; and Plaster, two. No election. A communication was received from His Excellency, the Gov- ernor. Second ballot — O. J. Downs, three ; J. F. Downes, seven ; Ellis, three ; Highsmith, seven ; Darnell, eighteen ; Ivey, thirty-nine ; Williams, one ; and Hardeman, five. The names of O. J. Downs and M. B. Highsmith were with- drawn, and the Convention proceeded to a third ballot, with the following result : J. F. Downes, four ; Darnell, twenty-four ; Ivey, fifty-two ; Hardeman, three ; and Hart, one. Mr. Ivey having received a majority of all the votes, was de- clared duly elected assistant Sergeant-at-arms. Nominations for Door-keeper being next in order, Mr. Ford nominated W. J. Russell ; Mr. Robinson, of Fayette, nominated John Ferrell ; Mr. Russell, of Wood, nominated W. D. C. Nel- son ; Mr. Chambers nominated William Fitzhugh ; Mr. Ferris nominated Sam Darcy. 12 JOURNAL OF THE {Sept. 7, 1875. The Convention then proceeded to ballot, with the following resnlt : Rnssell, eighteen ; Ferrell, five ; Nelson, nineteen ; Fitz- hngh, eighteen ; Darcy, twenty. No election. The Convention proceeded to a second ballot, with the follow- ing result : Russell, eighteen ; Nelson, fifteen ; Fitzhugh, twen- ty-one ; Darc}^, twenty-seven ; Ferrell, four. There still being no election, the Convention proceeded to a third ballot, and the result was as follows : Russell, seventeen ; Nelson, six ; Fitzhugh, thirty-one; Darcy, thirty-one. No elec- tion. Mr. Ford withdrew the name of Mr. Russell. The fourth ballot was as follows : F^itzhugh, fifty ; Darcy, thirty-four. Mr. Fitzhugh having received a majority of all the votes, was declared duly elected door-keeper. The following communication of His Excellency the Gov- ernor was taken from the President's desk and read : Executive Office, State of Texas, ) Austin, September 7, 1S75. f Hon. E. B. Pickett^ President Constitutional Convention : Sir — Recognizing the honorable body over which you preside as the legitimate representative of the sovereign powers of the people of Texas, assembled in obedience to law and the pop.ular will, for the purpose of altering and reforming the organic law of the State, I have the honor, in behalf of the Executive Depart- ment of the State government, to tender tlie earnest co-operation of all the ofiicers of that department, as far as their aid may be desired in forwarding the labors and advancing the purposes of the Convention. Having that object in view, reports have been requested of, and made by, the Comj)troller of Public Accounts, the Treasurer, Adjutant General, Attorney General, Commis- sioner of the General Land Ofiice, Chief Justice of the Supreme Court, and Sui)erintendent of Public Instruction, embracing such facts and figures pertaining to their respective departments as were supp(»sed to be desired by the honorable Convention, for use and consideration in its deliberations. These reports are in the hands of the pul)lic printer, and will be laid before the hon- orable Convention within the next two or three days. Any information to be found in ;iny of the offices of the Executive Department, not embraced in tliese re])orts, will be cheerfully and promptly furnished, upon request from 3'ourself or the honor- able Convention. Feeling fully assured that the labors of the honorable Conven- tion will secure to Texas the blessings of honest, economical, Sept. 7, 1875.] CONSTITUTIONAL CONVENTION. 13 efficient and free government, I tender the Convention, and the individual delegates, my congratulations upon the auspicious cir- cumstances surrounding them, in the general prosperity of the State; my hest wishes for an harmouius and pleasant session, and at its conclusion for a happy return to grateful and applaud- ing constituents. Very res[iectfully, RiCH'D Coke, Governor of Texas. Mr. Flournoy offered the following resolution : Resolved^ That the Convention thanks the Governor for his polite and patriotic communication, and the members will avail themselves of such information as he has offered, as occasion may require. Adopted. Mr. Dohoney, chairman select committee, submitted the fol- lowing report : To the Hon. E. B. Pichett^ President of the Convention : The undersigned, appointed a committee to consider and report the number and designation of the standing committees for the Convention, herewith submit their report, and respectfully recom- mend the adoption of the following standing committees, to wit: 1. Committee on Federal Relations, to consist of five members. 2. Committee on State Affairs, to consist of seven members. 3. Committee on Bill of Rights, to consist of nine members. 4:. Committee on Legislative Department, to consist of fifteen members. 5. Committee on Judicial Department, to consist of fifteen members. 6. Committee on Executive Department, to consist of fifteen members. 7. Committee on General Provisions, to consist of fifteen members. 8. Committee on Suffrage, to consist of nine members. 9. Committee on Education, to consist of fifteen members. 10. Committee on Agriculture and Stock-raising, to consist of fifteen members. 11. Committee on Public Lands and Land Office, to consist of seven members. 12. Committee on Immigration, to consist of nine members. 13. Committee on Crime and Punishment, to consist of nine members. ^ 14. Committee on Counties and County Lands, to consist of nine members. 14 JOURNAL OF THE {Sept, 8, 1875. 15. Committee on Municipal Corporations, to consist of nine membei*s. 16. Committee on Railroad Corporations, to consist of nine members. 17. Committee on Private Corporations, to consist of nine members. 18. Committee on Keveiiue and Taxation, to consist of nine members. 19. Committee on Printing and Contingent Expenses, to con- sist of five members. 20. Connnittee on Engrossed and Enrolled Ordinances, to con- sist of five members. 21. Committee on Style and Arrangement, to consist of five members. All of which is respectfully submitted. E. L. DoHONEY, Chairman, L. W. MoORE, Geo. McCormick, ^. H. Darnell, John Henry Brown, Jno. L. Henry. Mr. Lynch moved to strike out from the report " Committee on Federal Pelations." Lost. The report of the comniittee was adopted. On motion of Mr. Stockdale, the report just adopted was refer- red to Committee on Rules. Mr. Martin, of Navarro, moved a recess of thirty minutes, in order that members miglit draw for seats. Lost. Mr. McCormick moved to reconsider the vote of yesterday, adopting the resohition relative to drawing seats. Lost. On motion of Mr. Martin, of Navarro, the delegates drew their seats, in conformity to the resolution of yesterday. On motion of Mr. l>lassingame, the Convention adjourned until 9 A. M. to morrow. THIRD DAY. Hall of Representatives, ) Austin, Texas, September 8, 1875. ( Convention met pursuant to adjournment ; roll called ; quorum present. Prayer by Rev. Dr. Dodge, of Austin. Journal of yes- terday read and adopted. Sept 8, 1875.] CONSTITUTIONAL CONVENTION. 16 The President announced the following standing committees of the Convention : Federal Relations — McLean, chairman ; Sansom, Lynch, Dun- nam, Brady. State Affairs — Ford, chairman ; Barnett, Chambers, Dillard, Johnson of Franklin, Lacey, Goddin. Bill of Rights — Crawford, chairman ; Davis of Brazos, G-er- man, Nugent, ISTunn, Gaither, Holmes, Haynes, Abner. Legislative Department — Henry of Smith, chairman ; Ferris, Boss, Waelder, Knssell of Wood, Weaver, Brown, Fleming, De- Morse, McLean, Murphy, Dohoney, Cardis, Bruce, Russell of Harrison. Judiciary — Reagan, chairman ; Ballinger, West, Henry of Smith, Wright, Ferris, Norvell, Cline, McCormick, Stockdale, DeMorse, Martin of Navarro, Blake, Scott, Douglass, Davis of Brazos. Executive Department — Ballinger, chairman ; King, DeMorse, Russell of Wood, Kilgore, Allison, Burleson, Cooley, Johnson of Collin, Martin of Hunt, Martin of Navarro, Whitehead, Rob- inson, Spikes, Reynolds. General Provisions — West, chairman ; Reagan, Ferris, Doho- ney, Crawford, Flournoy, Russell of Wood, Cook of Gonzales, Darnell, McKinney, Rugely, DeMorse, Stockdale, Norvell, Mills. Suffrage — Dohoney, chairman; Robertson of Bell, Spikes, Scott, Ford, Murphy, Brown, Stayton, Rentfro. Education — Whitfield, chairman ; Moore, Flournoy, Wright, Abernathy, Sansom, Graves, Chambers, Lynch, Ramey, Dun- nam, Cooke of San Saba, Holt, Rugely, McCabe, Cline. Agriculture and Stoch-raising — Martin of Navarro, chairman ; Johnson of Collin, Robertson of Bell, Allison, Sessions, Killough, Barnett, Bruce, Whitehead, Arnim, Flanagan, Henry of Lime- stone, Scott, Burleson, Robinson. Puhlic Lands and Land Office — Darnell, chairman ; Robert- son, Blake, Whitehead, Henry of Limestone, Kilgore, Mitchell. hnmigration — Waelder, chairman ; Arnim, Douglass, Erhard, Holmes, Johnson of Franklin, Killough, Martin of Hunt, Davis of Wharton, Russell of Wood. Crimes and Punishnwnt — Russell of Wood, chairman ; Kil- gore, Wright, Douglass, Nunn, Crawford, Cardis, McCormick, Abner. Counties and Cotonty Lands — King, chairman ; Moore, Nunn, Barnett, Cooke of San Saba, Ballinger, Brown, Henry of Lime- stone, Morris. 16 JOURNAL OF THE [Sept. S, 1875. M^micipal Corporations — Flouriioj, chairman ; Crawford, Weaver, Ford, Henry of Smith, King, Davis, Dohoney, Morris. Railroad Corporations — Ferris, chairman ; McLean, Davis of Bi-azos, Moore, Smith, Holt, Blassingame, Burleson, F'lanagan, Stay ton. Rrvenue and Taxation — DeMorse, chairman ; McLean, Ramey, Flemincr, Cooke of San Saba, Abernathj, Wliitiiekl, Lacey, Eus- sell of Harrison. Printimj and C<)ntin'^ovided, that lands situated in counties not organized may be rendered and the taxes assessed and collected in the counties to which they are severally attached for judicial purposes. Referred to Committee on Taxation and Revenue. Mr. Nunn offered the following resolution : Resolved^ That it is the sense of this Convention that the Committee on Legislative Department shall inquire into the ex- pediency, and report in favor of biennial sessions of the Legisla- 32 JOURNAL OF THE {Sept. 9, 1875. tiire, and for a special session only when a public necessity may require. Referred to Committee on Legislative Department. Mr. Robertson, of Bell, offered the following resolution : Resolved^ That tlie Committee on General Provisions shall incorporate in its appropriate place, a provision fixing the rate of interest at 8 per cent., and 10 per cent, by contract. Referred to Committee on General Provisions. Mr. McCormick offered the following resolution : Resolved^ That the preamble to the Constitution of the State of Texas shall hereafter read as follows, to wit : *' PREAMBLE I " We the people of Texas, with reverence for God, and grate- ful for all his goodness, do, for the better government of the State, make, ordain and establish this Constitution." Referred to Committee on Bill of Rights. Mr. Cook, of Gonzales, offered the following resolution : Resolved^ That all representatives of the press be invited to seats within the Hall of the Convention. Mr. Dohoney offered the following as a substitute : Resolved^ That reporters of newspapers proposing to publish the proceedings of the Convention, or synoptical reports thereof, be and they are hereby invited to occupy seats within the Hall, and near the Secretary's desk, and that the Sergeant-at-arms be instructed to provide suitable seats for their accommodation. Adopted, and resolution as amended adopted. Mr. Rugely offered the following resolution : Resolved, That the Governor shall nominate, and by and with the advice and consent of two-thirds of the Senate, shall appoint the judges of the Supreme and District Courts, and that the Judges of the Supreme Court shall hold their offices for ten j^ears, and tbe District Judges for six years. Referred to Judiciary Committee. Mr. Flournoy offered the following resolution : Resolved, Tliat the Committee on Private Corporations be instructed to ascertain if there be any person or corporation or combination of persons in the city of Galveston or elsewhere in the State of Texas who have heretofore assumed and are now assuming to exercise the sovereign right of taxing commerce by demanding and receiving tolls or wharfage without authority ; and if so to provide just and adequate means for preventing a continuance of the same. On motion of Mr. McCormick the words " and they be author- Sept 9, 1875.] CONSTITUTIONAL CONVENTION. 33 ized to send for persons and papers," were added, and resolution referred to Committee on Private Corporations. Mr. Holt offered the following resolution : Resolved, That Supreme, District and County Judges shall be elected by the people. Referred to Judiciary Committee. Mr. Sansom offered the following resolution : Resolved, That the general provisions of the Constitution of 1845 be the basis of action of tlie Committee on General Pro- visions, and that they report the same with such changes as they may deem necessary to the Convention. Referred to the Committee on General Provisions. Mr. Nunn offered the following resolution : Resolved, That in accordance with the theory of republican government, all officers, legislative, executive and judicial, shall be elective by the people, and that the terms of office should be so reduced as to secure an accountability for official conduct to the people. Referred to the Connnittee on Legislative Department. Mr. Allison offered the following resolution : Resolved, That there be appointed a committee of apportion- ment, to consist of one member from each Senatorial District, on apportionment of Senatorial and Representative Districts and basis of representation. Adopted. Mr. Plolmes offered the following resolution : Resolved, That the following provisions be incorporated in the constitution : That no county in this State, town or munici- pality, be allowed to give material aid by taxation to any rail- road, manufacturing corporation, or educational institution. Referred to Committee on Legislative Department. Mr. Haynes offered the following resolution : ^ ' Resolned, That the Senate and House of Representatives, when assembled, shall each elect a speaker and its other officers ; be judges of the qualifications and election of its members, and sit upon its own adjournments from day to day. Not less than two-thirds of all the members to which each house shall be enti- tled shall constitute a quorum to do business, but a smaller num- ber may adjourn from day to day, and maybe authorized bylaw to compel the attendance of absent members. Referred to the Committee on Legislative Department. Mr. Russell, of Harrison, offered the following resolution : Resolved, That the following provisions shall be incorporated 3 34 JOURNAL OF THE {Sept. 9, 1875. in the constitution: That taxation shall be equal and uniform, and that no tax on occupation shall be levied. E-eferred to the Committee on Tax and Revenue. Mr. Lynch offered the following resolution : Resolved^ That the Committee on State Affairs inquire into the propriety of abolishing the office of State Geologist. Referred to Committee on State Affairs. Mr. Stay ton offered the following substitute : Resolved^ That each delegate to this Convention do furnish to tlie Committee on Mileage, without delay, a statement in writing, showing the residence of such delegate, and fnrther showing the most direct traveled route from the residence of such delegate to the city of Austin. Mr. Kilo-ore offered the followino; substitute : Resolved.^ That each member of tlie Convention furnish the Committee on Mileage the name of the county of his residence, and the county seat of such county. On motion of Mr. Scott, the original resolution and substitute were laid on the table. Mr. Wade offered the following resolution : Resolved., That, for the protection of the civil and religious liberty of the citizen, that the writ of habeas corpus never be suspended ; that martial law never be declared ; that the liberty of speech and of the press never be abridged; that no citizen, body corporate, city or town be compelled to support any church or- ganization, creed, faith, denomination or association of religion, or to contribute anything to the support or maintainance of any priest, preacher, teacher or director of any such creed, faith, de- nomination or church organization of religion. Referred to Committee on Bill of Rights. The following additions were made to standing committees : •Mr. Stayton, to Committee on Railroad Corporations. Mr. Cline, to Committee on Education. Mr. Davis, of Brazos, to Judiciary Committee. Mr. Russell, of Harrison, to Committee on Taxation and Rev- enue. Mr. Flournoy, to Committee on Private Corporations. Mr. Russell, of Wood, to Committee on Immigration. On motion of Mr. Stockdale, the Convention adjourned until 9 o'clock A. M. to-morrow. Sept. lo, 1875.] CONSTITUTIONAL CONVENTION. 35 FIFTH DAY. Hall of Hepresentatives, Aqstest, Texas, September 10, 1875. Convention met pursuant to adjournment ; roll called ; quorum present. Prayer by Hev. H. Y. Philpot, of Austin. Journal of yesterday read and adopted. On motion of Mr. Wade, a resolution introduced by him on yesterday, and referred to Committee on Executive Department, was taken up and referred to Committee on General Provisions. Mr. M. H. Goddin, member elect from Walker county, came forward and took the required oath. The following Committee on Apportionment was appointed by the President : Second District, Allison, chairman ; First District, White- head ; Third District, Douglas ; Fourth District, West ; Fifth District, Flanagan ; Sixth District, Kilgore ; Seventh District, Dillard ; Eighth District, Johnson of Franklin ; Ninth District, Henry of Limestone ; Tenth District, Martin of Hunt ; Elev- enth District, Wright ; Twelfth District, Pugely ; Thirteenth District, Reynolds ; Fourteenth District, Rentfro ; Fifteenth Dis- trict, Goddin; Sixteenth District, Lockett ; Seventeenth Dis- trict, Robertson of Bell ; Eighteenth District, Davis of Brazos ; Nineteenth District, Ross ; Twentieth District, Brown ; Twen- ty-first District, Chambers; Twenty-second District, Weaver; Twenty-third District, Barnett ; Twenty-fourth District, Stay- ton ; Twenty-fifth District, McCormick ; Twenty-sixth District, Robeson; Twenty-seventh District, Burleson ; Twenty-eighth Dis- trict, Sansom ; Twenty-ninth District, King ; Thirtieth District, Ford. On motion of Mr. Wright, he was excused, and Mr. German, of the same district, was appointed. Mr. Chambers submitted to the Convention the following tele- gram : MoKiNNEY, September 9, 1875. To Mr. Chamhers^ Memher of Convention, A ustm : My presence has been indispensable here this week, and I can- not now hold the Denton Court without an ordinance allowing me to open court there at any time during the three weeks allotted to that county. Can't you have an ordinance passed in the morning to that effect? Let me hear at once here. J. M. Lindsay. 36 JOURNAL OF THE [Sept. lo, 1875. Mr. Chambers moved that a special committee of three be ap- pointed to consider the telegram, and report to this Convention, bj resolution or otherwise. Carried. The President appointed as said committee : Messrs. Ballinger, Wriglit and Floiirnoy. On motion of Mr. Bradv, Mr. Mills was excused until next Monday. Mr. Cook, chairman Printing Committee, submitted the fol- lowing report : To the lion. E. B. Pickett^ President of the Convention : Sir — Your Committee on Printing and Contingent Expenses, to whom was referred resolution with regard to subscription for daily papers, to contain proceedings of the Convention, for the nse of delegates, have had the same under consideration, and have instructed me to report : That, in pursuance of wdiat they considered their duties in the premises, they have conferred with the several newspaper pub- lishers of the city of Austin, and have received the follow^iug proposals : The pul)lishers of the Democratic Statesman propose to fur- nish the Statesman^ with the requisite report, daily, at the fol- lowing rates : Nine hundred copies at -i cents, 1350 copies at Z^ cents, and 1800 copies at 3 cents. The publishers of the Evening News propose to furnish the Evening Netcs at two and a half cents, twenty copies for each delegate. The publisher of the State Gazette proposes to furnish daily, the Gazette, with full stenographic report of the proceedings of the Convention, at five cents each, twenty copies for each dele- gate. The publishers of the Galveston Neivs propose to furnish that paper at three cents, any nuud^er remiired. The publishers of the Houston Telegraph propose to furnish that paper daily, with the requisite report, at iive cents (500 copies), and cost of composition of journals. The committee have not felt at liberty to close a contract for the papers, but report the above facts, and ask for further in- structions from the Convention. All of which is respectfully submitted. W. D. S. Cook, Chairman. CUAKLEB DeMoRSE, JoHN S. FoRD, Tiios. G. Allison, J. W. Whitfield. Sept lo, 1875.] CONSTITUTIONAL CONVENTION. 37 Mr. Waelder presented a memorial from a committee of the Texas Medical Association, " asking for a uniform system of san- itary regulations throughout the State." Eeadand referred to Committee on State Affairs. Mr. Eussell, of \Vood, offered the following resolution : Whereas, Light taxes, free trade and untrammeled industr}^, are the great ])rinciples necessary to restore confidence and ele- vate the people to prosperity and happiness ; and Whereas, In the nature of their government, the government has no right or power to impose burdens on them for any pur- pose whatever, except for revenue sutficient to administer the same ; therefore be it Resolved^ By the Convention of the people of Texas assem- bled, that there ought to be a clause placed in the organic law restraining the Legislature, or taxing power of this State, from ever levying taxes upon the people for any purpose whatever, except revenue sufficient to strictly and economically administer the government. Referred to Committee on General Provisions. Mr. Martin, of Navarro, offered the following resolution : Resolved^ That the report of the Committee on Printing and Contingent Expenses be received, and the consideration of sub- scribing for newspapers be indefinitely postponed. Mr. McLean offered the following as a substitute : Besolved, That the Committee on Printing is instructed to contract with John D. Elliott, of the State Gazette^ for 1800 copies daily of the Gazette^ containing a synoptical report of the daily proceedings of this body, including a statement of the position of each member who may express himself upon each proposition before the body. Lost. Mr. McCormick then offered the following as a substitute for the resolution offered by Mr. Martin, of Navarro: Resolved^ That each member of this Convention be allowed to subscribe to twenty copies of any daily paper publishing the proceedings of the Convention, sach as the members may select, and at a cost not to exceed three cents per copy. Lost. The question then being on the adoption of the original reso- lution, offered by Martin, of Navarro, it was carried by the fol- lowing vote : Yeas — Messrs. Abernathy, Arnim, Blake, Blassingame, Barnes, Burleson, Bruce, Chambers, Cook of San Saba, Cooley, Cardis, Douglas, Dohoney, Davis of Brazos, Erhard, Flournoy, Ferris, 38 JOURNAL OF THE {Sept. lo, 1875. German, Goddin, Holt, Henry of Smith, Henry of Limestone, Holmes, Ilaynes, Johnson of Franklin, Johnson of Collin, Kil- longh. Lacy, Martin of Navarro, Mitchell, McKinney, Moore, Korval, Panli, Reagan, Rngely, Robertson, Robeson, Ross, Rnscell of Wood, Spike, Sessions, Smith, Stayton, Sansom, Wade, Whitehead, Weaver— 48. Nays — Messrs. Allison, Abner, Brown, Brady, Crawford, Cook of Gonzales, Cline, Dillard, DeMorse, Darnell, Dunnam, Davis of AVharton, Ford, Fleming, Flanagan, Gaither, Graves, King, Kilgore, Lockett, L3^nch, McLean, Martin of Hunt, McCabe, McCormick, Nunn, Nugent, Reynolds, Rentfro, Russell of Harrison, Scott, Stockdale, Whitfield, West, Waelder— 35. Mr. Stockdale offered the ibllowing resolution : Resolved^ " Section 24. That the Legislature may ^establish new counties for the convenience of the inhabitants of such new county or counties, under the following restrictions : " 1. No county shall be established of a Jess area than nine hun- dred square miles, unless by consent of four-fifths of the Legisla- ture. " 2. No new county or counties shall be established which shall reduce the old county or counties, or either of them, from which it is taken, to a less area than nine hundred square miles, unless by consent of two-thirds of the Legislature. *' 3. No county shall be established, the boundary line or lines of which shall approach nearer at any point to an established county than twelve miles. "4. Every new county, as to the right of suffrage and repre- sentation, shall be considered as part of the county or counties from whicli it was taken, until entitled by numbers to the right of representation. " 5. No new county shall be laid off containing less than one hundred and fifty (jualitied jurors, resident at the time therein (nor when the county or counties from which the new county is ])roposed to ])o taken, would thereby be reduced below that num- ber of qualified jurors), and in all cases, when from the want of qualified jurors or other causes, the courts can not properly be held in any county, it shall be the duty of the District Judge to certify such fact to the Governor ; and the Governor shall, by proclamation, attach such county for judicial purposes to that county the county site of which is nearest the county site of the county so to be attached." Referred to Committee on Counties and County Lands. Mr. McCormick introduced the following resolution : Rcsolvcfl^ That a committee of five be appointed by the Presi- Sept. lo, 1875.] CONSTITUTIONAL CONVENTION. 39 dent to inquire into the present management of the State Peni- tentiary, and report what action, if any, is necessary to be taken by this Convention in relation thereto. Adopted. Mr. DeMorse introduced the following ordinance : " PREA]MBLE : "Whereas, The first object of natural government is the great- est good to the greatest number ; therefore, under the beneficent Providence of a just God, the following provisions of an organic law are ordained for the State of Texas : "1. All men being equal in political rights, monopolies, per- petuities, or class legislation are unwise and unjust, and will not be allowed. " 2. All legislation must be general in its application and eflfect, and any having application to classes or persons, or specified localities, except for roads, bridges, mines, harbor improvements, improvement of rivers, stock laws, or laws for the preservation or restoration of peace in disturbed localities, is expressly inhib- ited and declared void. " 3. The powers of government are comprised in the legislative, executive and judicial, which are equal and co-ordinate, neither having ])ower to revise or control the action of the other. "4. Mone}^ being a creation of government, and its value fi^ed by legislative sanction, and exorbitant rates of interest, being opprc sive to industiy and calculated to withdraw this medium of exchange from its legitimate practical uses, and cause its mis- appropriation to speculative purposes; the conventional rate of interest is fixed at 8 per cent, per annum, which may be in- creased, by special contract in writing, to 10 per cent, per an- num— no more — and any exaction, directly or indirectly, to a greater amount, for the use of money, or by the purchase of the written responsibilities of the party borrowing, shall cause a for- feiture of principal and interest, and release all principals or in- dorsers to the paper, upon which the money is obtained. "5. To insure the just representation of minorities, the system of voting in all general, special or municipal elections, shall be by ballot, and shall be the cumulative system ; by which, if more than one official is to be elected, the voter may vote for the whole number allowed, and subject to election, or he may con- centrate all his votes for any less than the whole number to be elected ; that is, if two or three are to be elected, he may vote twice or thrice for one, omitting the remainder, if he so prefers." Read and referred to Committee on Bill of Rights. Mr. Brown submitted the following resolution : 40 JOURNAL OF THE {Sept. lo, 1875. Resolved^ That every person elected or appointed to any office, agency or trnst under this State, or any municipal subdi- vision thereof, shall, before entering upon the discharge of the duties of such position, take the following oath or affirmation before some officer authorized to administer oaths : " I do solemnl}^ swear (or affirm) that I will faithfully and impartially discharge and perform all the duties incumbent on me as according to tlie best of my skill and abilit}^ agreeably to the constitution and laws of the United States and of this State. I, furthermore, solemnly swear (or affirm) that, since the adoption of the present constitution of the State of Texas, I, being a citizen of this State, have not fought a duel with deadly weapons within this State, nor out of it; nor have I sent or accepted a challenge to light a duel with deadly wea- pons ; nor have I acted as second in carrying a challenge, nor aided, advised or assisted any person thus offending. And I, furthermore, solemnly swear (or affirm) that I have not, directly nor indirectly, paid, offered, or promised to pay, contributed, or promised to contril)ute any money, or other valuable thing, or promised any public office or employment as the reward for the o^ivino^ or w^ithholdinsr a vote at the election at which I was elected (or appointed) to said office. So help me God." Referred to Committee on General Provisions. Mr. Brown also offered the following resolution : Resolved^ "Art. — , Sec. — , That the following classes of ])er- sons, with the exce})tions named in this section, shall be entitled to the rio-ht of snffrao^e as electors in this State: " 1. Every male person over twenty-one years of age, who, being a citizen of the United States, shall liave resided as a hona fide citizen for twelve montlis in tliis State, and for six months next preceding any election in the town, city, or county, as the case may be, for municipal, county, or State officers, in wdiich he may offer to vote. " 2. Every male person of foreign birth, wlio, six months before any such election, shall have declared his intention in accordance witli the Federal naturalization laws, to become a citizen of the United States, who shall have, also, for twelve months, resided l}Ona fijde in this State, and for six months next preceding any election in the town, city, or county, as the case may be, for town, city, county, district, or State officers, or purposes in which he may offer to vote. " 3. That though possessing the foregoing qualifications, the fol- low^ing classes of persons shall be denied the right of suffrage in any election in this article : Persons insane, or noii com/pos Sept. lo, 1875.] CONSTITUTIONAL CONVENTION. 41 mentis^ so long as the disease may contiDue ; all persons while confined in county or State prisons ; all persons convicted of bribery, forgery, or other high crimes, unless restored to their lost rights in such manner as may be prescribed by law. " Sec. 2. No registration of voters shall be required in elections for town, city, county, district, or State elections in this State ; jrrovided^ lio%oev€i\ that the Legislature shall have the power to enact such provisions as may be deemed necessary, to guard against frauds in elections in cities having over twenty-five thou- sand population, and in counties bordering on other States or counties. " Sec. 3. That the Legislature shall enact laws to prevent frauds in elections, imposing penalties appropriate to felonies for such offenses. A person convicted of fraud in elections, whether as a voter, officer of election, candidate for office, or otherwise, shall thereby forfeit his right of suffrage, and neither the Legis- lature nor any other power shall restore the lost right to such criminal." Referred to Committee on Suffrage. Mr. Brown also offered the following resolution : Resolved^ " Sec. — . That no person shall at the same time hold, exercise, or enjoy the pay, emoluments, or powers of more than one office, appointment, agency, or trust under this State, or any municipal sub-division thereof; nor shall any person, while holding or exercising the functions of any office, ap])ointment, agency, or trust, under the United States, or under any State or Territory of the United States, or under any foreign government, be eligible to any office, appointment, agency, or trust, under this State, or any municipal sub-division thereof; j/rovided^ that this inhibition shall not extend to the office of postmaster, militia offices without salary, nor to overseers of roads." Referred to Committee on General Provisions. Mr. Brown also offered the following resolution : JResolved^ " Sec. — . That in establishing salaries for teachers, no distinction shall be made in the pay of male and female teachers of the same grade." Keferred to Committee on Education. Mr. DeMorse offered the following resolution : Hesolved^ That in the apportionment of representation, any county which has population sufficient to entitle it to one sena- tor or any given number of representatives, shall elect these by its own vote solely ; and for any surplus of population over and above the basis of representation, it may vote in conjunction with other counties, as may be deemed best, for conjoint sena- 42 JOURNAL OF THE \Sept lo, 1875. tors and representatives. The Senate shall not comprise more than thirty members, nor the House of Representatives more than one hundred members, for the next ten years next succeeding the adoption of this constitution. Referred to Committee on Legislative Department. Mr. Wade offered the following resolution : Besolved, That the Committee on Federal Relations inquire into the propriety of laying before tlie Congress of the United States the proposition to call a Convention of delegates from each State to make a new constitution for the nation, or of re- questing that bod}^ to sul)njit to the Legislatures of the States such amendments as will abolish the present system of tariff for revenue purposes and adopt a more equal system ; also the pres- ent system of di]>lomacy, electoral voting for President, and on abridging tlie appointing power of the President, or withholding suffrage from all those in the i)ay and service of government by appointment. Referred to Committee on Federal Relations. Mr. Sansom introduced the following resolution : Resolved^ That the property of the wife should be subject to forced sale for the payment of the debts of the husband con- tracted after marriage. Referred to Committee on General Provisions. Also the following resolution : liei^olvcd. That it is the duty of the State to fix the value of property exempt from taxation. Referred to Committee on General Provisions. Also — That interest on money in this State sliall not exceed twelve per cent, per annum, but tbat the Legislature may fix the legal rate of interest at any sum less than twelve per cent. Referred to Committee on General Provisions. Mr. Al)ernathy introduced the folknving resolution : Resolved^ That the following l)e adopted as the preamble to this constitution : " Humbly invoking the blessings of Almighty (iod, the people of the State of Texas do ordain jind establish this constitution." Referred to Committee on Bill of Rights. Also by Mr. Abernathy the following resolution : Resolved^ That no taxes shall be levied in this State for the purpose of keeping up public roads, but the same shall be kept lip by a system of labor by the male citizens of this State be- Sept. lo, 1875.] CONSTITUTIONAL CONVENTION. 43 tween the ages of fifteen and lifty years, as the Legislature may provide by hiw. Referred to Committee on State Affairs. Mr. Robertson, of Bell, introdnced the following resolution : Resolved^ That the Committee on General Provisions be re- quested to inquire into the propriety of incorporating into the constitution the following provision : '' That no private corpora- tion be created, except the corporation or individuals composing it pay the cost of the act of incorporation, said cost to be deter- mined by the Legislature and made a part of the act." Referred to the Committee on General Provisions. Mr. McLean offered the following resolution : Resolved^ That the Legislature may establish new counties, or change the boundaries of old counties; i)rovided^ no new county shall be created with less than one thousand persons resident therein suT)ject to a poll tax ; nor shall any old county be so reduced that it shall contain witliin its limits less than said num- ber of persons liable to pay a poll tax, and no old county shall be so reduced in area that the line shall be nearer than ten miles to the courtliouse of such old county. When any part of a county is stric-ken off' and attached to another county, the part stricken off' shall be obliged to pay its proportion of all the lia- bilities tlien existing of the county from which it is taken, and the Legislature sliall, in the act detaching such territory, make appropriate provisions for tlie levy and collection of taxation of the due proportion of indebtedness of such detached territory, in the absence of which legislation, the act detaching such terri- tory shall be null. Referred to Committee on Counties and County Lands. Mr. Ramey off'ered the following resolution : Resolved^ Tliat the special committee appointed under a reso- lution of this body to determine the mileage of the niembers of this Convention are hereby required to estimate the distances upon which said mileage is based to the county seat of the county in which each delegate respectively lives. Mr. Dillard off'ered a substitute as follows : Resolved^ That the distance shall be computed on an air line from the county seat of each county to the capital, to be ascer- tained and fixed by the Commissioner of the General Land Office. On motion of Mr. Martin, of Navarro, both resolution and substitute were laid on the table. Mr. Johnson, of Franklin, offered the following resolution : Resolved^ Tiiat the following provision be incorporated in the 44 JOURNAL OF THE {Sept. lo, 1875. constitution, under appropriate caption, viz : " The Legislature shall have no power to grant or authorize any city, town, county, or otlier political sub-division now existing, or that may here- after exist, to lend its credit or to grant public money or prop- erty of value in aid of, or to any individual, or company of indi- viduals whatever, or to become a stockholder in a company of any kind." deferred to Committee on Legislative Department. Mr. Whitehead olfered the following resolution : Resolved^ That the Committee on Immigration be, and they are hereby insrructed to inquire into the expediency of omitting frum the constitution to be framed by this Convention any arti- cle or provision establishing a Bureau of Immigration. Referred to Committee on Immigration. Mr. llussell, of Harrison, offered the following resolution : Resolct'd^ That the following provision shall be incorporated in the constitution of the State of Texas, viz : " Every bill which shall have passed the Legislature shall, before it becomes a law, be presented to the Governor. If he approve it, he shall sign it, but if not, he shall return it, with his objections, to the house in which it originated, which shall enter the same upon its journal, and y)roceed to reconsider it. If, after such reconsid- eration it again pass both liouses by yeas and nays, by a majority of the members of each house, it shall become a law, notwith- standing tlie Governor's objections. If any bill shall not be returned within three days after it has been presented to the Governor (Sunday's excepted), the same shall become a law in like manner as if lie had signed it, unless the Legislature, by adjournment, prevent such return. Any bill submitted to the Governor for his a})proval during the last three days of a session of the Legislature, shall be dejjosited by him in the office of the Secretary of State within thirty days after tlie adjournment, with his a})i)roval, if approved by him, and with his objections, if he disapproves thereof." Referred to Committee on Legislative Department. Also by Mr. Russell, of Harrison, the following resolution : licsolocd^ That the following be incorporated in the Bill of Rights of the Constitution, viz : " No person shall ever be im- prisoned for del)t, exc(;i)t for the non-payment of fines and penal- ties imposed for violation of law." Referred to Committee on Bill of Rights. Mr. Fleming otlered the following resolution : Resolved. That the following section be incorporated in the constitution : " Section — . That no railroad or other transpor- Sept. lo, 1875.J CONSTITUTIONAL CONVENTION. 45 tation company shall grant free passes or tickets, or passes or tickets at a discount, to any officer of this State, legislative, executive, or judicial ; and the acceptance of any such pass or ticket by any such officer, shall be a forfeiture of his office." Referred to Committee on Railroad Corporations. Mr. Weaver offered the following resolution : Whereas, Free thought, free speech, and free government, are the growth of general education, and constitute the cardinal principles of constitutional liberty and universal intelligence, and is thus the foe to bigotry, despotism and central political power ; that neither intelligence, liberty, nor love of country, can be promoted and upheld in any country without general education^ and Whereas, The State of Texas has a school fund of lands and revenue amply sufficient to educate the children of the State, of all classes and colors forever^ without the necessity of direct taxation from the people for school purposes ; and that the lands set apart for school purposes and the revenues comprising the school fund, are the common property of every citizen of the State / therefore be it Resolmed^ That this constitution take it into its own hands the entire public domain of the State of Texas, together with all the lands heretofore appropriated for school purposes, and iix the price of the same, so as to bring it into market as it can be judiciously done, which public revenue shall go to the support of the public free schools of the State, to include all classes of schools, whether universities, academies, or common schools, and whether scientific, agricultural, mechanical, or literary. Resolved., 2. That this Convention, by proper ordinances, so guard the fund arising from said school revenue as to prevent it from being squandered or appropriated to any other purposes ; and thereby securing forever to all the children of this State the greatest wealth of a free country, educated citizens ; and., pro- vided., that separate free schools shall be established for the edu- cation of the negroes. Referred to Committee on Education. Mr. Ballinger, chairman select committee, submitted the fol- lowing report : Hon. E. B. Pickett., President of the Convention : Your select committee, to whom was referred the request of the Judge of the Twelfth Judicial District for an ordinance by this Convention to authorize the holding of the District Court of Denton county, which has lapsed by reason of the same not having been opened during the time appointed by law, respect- 46 JOURNAL OF THE [Sept. lo, 1875. fully report that without having considered the question of the power of the Convention involved in the subject, your committee do not think any exigency apparent which would justify its exercise. Under existing law, the people and bar understand the court to have lapsed. The relative benefit, or inconvenience, under the circumstances, of now requiring tlie court to be held, is not sufficiently understood to authorize action by this bodj^, even if the Convention was exercising ordinary legislative functions. Ballingee, f Wright, Flournoy. Report adopted. Mr. Martin, of Hunt, offered the following resolution : Hesoloed^ That the Committee on Legislative Department be instructed to inquire into the expediency of inserting in the con- stitution the following provision : " That after the adoption of this constitution, the first two sessions of the Legislature shall be biennial ; the first session linjited to ninety days and the second to sixty, and thereafter the Legislature shall meet in regular ses- sion once only in every four years, except when the Legislature shall be convened in extra session by the Governor, which extra session shall be limited to thirty days, and when so called, the Legislature shall act upon no measure or measures, except such as may be recommended by the Governor." Keferred to Connnittee on Legislative Department. Mr. Ferris offered the following resolution : Ttesolved^ That the following ]U'ovision be ado])ted : " The Legislature shall establish a uniform rate of interest in the State, and such rate of interest sliall never exceed eight per cent, per annum when no contract has been made with reference thereto, or twelve per cent, per annum by contract." Ileferred to Committee on (ieneral Provisions. Mr. Nugent submitted the following section : '' The Legislature, at the conclusion, and before the adjourn- ment of each session, shall cause to be })re|)ared a tabular state- ment of ap])ro|)riations of money made at such session. Said statement shall show the amount of each a]jj)ru[)riation, the pur- pose for wliich it was made, together with the total amount of such appj-opriations. Said statement shall be published as a part of the general laws of the session, and shall also be published at least once in some newspaper in each llepresentative or Senato- rial District, to be designated by the (iovernor." Referred to Committee on Taxation and Revenue. Sept lo, 1875.] CONSTITUTIONAL CONVENTION. 47 Mr. Russell, of Harrison, offered the following resolution : Resolved, That the following provision shall be incorporated in the bill of rights of the constitution : " That all men have a natural and indefeasible right to wor- ship Almighty God according to the dictates of their own con- science ; that no person shall, on account of his opinion on the subject of religion, be rendered inelligible to any office of profit or trust under this State ; nor be disqualified from testifying, or from serving as a juror ; that no human authority can control or interfere with the rights of conscience ; that no person ought, by any law, be moxcsted in his person or estate, on account of his religious persuasion or profession, or want of the same ; but the liberty of conscience hereby secured shall not be so construed as to excuse acts of licentiousness, nor to justify practices inconsis- tent with the good order, peace, or safety of this State, or with the rights of others." Referred to Committee on Bill of Rights. Mr. Ross offered the following resolution : Resolved, That the Legislature shall provide by law for the appointment of special judges of the District Court in all cases where the presiding judge shall for any cause be disqualified from sitting, and whenever l)y reason of the absence, sickness, or other inability of the presiding judge, any term of his court for any county of his district would otherwise not be held. The venue of cases may be changed under such regulations as may be prescribed by law. Referred to Committee on Legislative Department. Mr. Holmes offered the following resolution: Resolved, That each count}^ in the State be divided into five divisions, equal according to population, and that the qualified voters of each division elect one magistrate, who, together with the other magistrates, shall compose the county court. 2. That the qualified voters of each of said divisions elect one constable, who, in addition to the regular duties of the office, shall be ex-qfjiclo deputy sheriff of the county. Referred to Committee on Judiciary. Mr. McCormick offered the following resolution : Resolved, That the following section shall be incorporated under the appropriate article : " Sec. — . No judge of any court in this State during his term of service shall hold any other office, appointment, or pub- lic trust, and the acceptance thereof shall vacate his judicial office ; nor shall he during such term, or within one year there- after, be eligible to any political office." 48 JOURISTAL OF THE [Sept lo, 1875. Referred to Judiciary Committee. Mr. Paiili offered the folio wi no; resolution : Resolved^ That all State and county taxes shall be col- lected in lawful money of the United States only, and that no bonds or scrip of any kind are receivable therefor. Referred to Committee on Revenue and Taxation. Mr. Dohoney offered the following resolution : Resolved hy the Constitutional Coiivention of the State of Texas^ That the following be adopted as au article in the pro- posed now constitution, to wit : '' Article — . ^' official qualifications. "Section 1. No person who is a disbeliever in the existence of a God shall hold au}^ othce in this State. " Sec. 2. No person holding an office of profit under the United States shall, during the continuance in such office, hold any office of prolit under this State, nor shall any person, at the same time hold tw^o offices under this State. " Sec. 3. No person having heretofore held office under the United States, or under any State, and who shall have been im- peached, or convicted of malfeasance or misfeasance in office, or who shall have been o-uiltv of any defalcation or default in the discharge of the duties of such office, shall hold office in this State, and no officer who shall hereafter be guilty of any such defalcation or default in office, shall thereafter hold any office in this State. '' Sec. 4. No person who has heretofore been convicted of felony in any State shall hold office in this State ; and no person who shall hereafter be convicted of felony shall thereafter hold any office in this State. " Sec. 5. No person who shall hereafter fight a duel, or assist in the same as a second, or send, accept, or knowingly carry a challenge therefor, or agree to go out of this State to fight a duel, shall hold any office in this State. " Sec. 6. No gambler or other person who is in the habit of risking money on games of chance, or contingent results, shall ho hi any office in this State. " Sec. 7. No drunkard or other person who is in the habit of getting under the influence of intoxicating liquor, shall hold any office in this State. " Sec. 8. All officers, both civil and militar}^, under the authority of this State, shall, before entering on the duties of their respective offices, take and subscribe an oath, or affirmation, to support the Constitution of the United States and of this Sept II, 1875.] CONSTITUTION A.L CONVENTION. 53 jurisdiction the offense originated, accompanied with the evi- dence relating thereto." Referred to Committee on Judiciary. Mr. Chambers offered the following resolution : Resolved^ That the following provisions shall be adopted : "1. All the public lands lieretofore appropriated by law to common school purposes, shall be forever held sacred for that purpose, and no Legislature shall ever pass any law to divert it from that purpose. " 2. That the Legislature shall provide by law from time to time for the sale of said lands and for the safe-keeping and dis- bursement of the proceeds of the sales of the same," Referred to Committee on Education. Mr. Sansom offered the following resolution : Resolved^ That all the male inhabitants of this State,* of twenty-one years of age and over, shall be qualified electors ; pro- vided^ that, if a tax be levied for public schools, any voter failing or refusing to pay said tax shall not vote until the tax has been paid. And pi'ovided further^ that in municipal corporatipns all appropriations, for other than police purposes, shall^be sub- mitted to a vote of the property-holders and tax-payers of said corporations, and that no poll-tax shall be levied by said corp<)ra- tions. Referred to Committee on Suffrage. • ' ' ■ ' Mr. Robertson, of Bell, offered the following resolution: Resolved^ That the Committee on Judiciary be requested to incorporate the following provisions in the constitution under the appropriate heads : " That six Supreme and twenty-five District Judges be elected. " That Supreme Judges receive a salary of three thousand five hundred dollars each. . * ..' . "That District Judges receive a salary of two thousand five hundred dollars each. " That Judges of the Supreme Court hold their oftices' six years." Referred to the Committee on Judiciary. Mr. Robertson also offered tlie following resolution : Resolved^ That the Committee on General Provisions be re- quested to incorporate in the constitution, under its appropriate head, the following provisions : " That all officers be elected by the people, both State and County, except Secretary of State and the Superintendents of the Asvlums. 50 JOURNAL OF THE [Se/>f. ii, 1875. State, which shall be at tlie seat of government, where all titles which have heretofore emanated or may hereafter emanate from the government, shall be registered ; pi^ovided^ that hereafter no title issued prior to the 13th of November, 1835, by the Mexican authorities, shall be received or registered in said Land Office." Mr. Robertson, of Bell, offered the following resolution : Hesohved^ That the Committee on Public Lands and Land Office be requested to incorporate the following provision in the constitution : " That all genuine outstanding land certificates granted to early settlers, soldiers and colonists, for services rendered, may at any time, at the option of the holder, be located on any portion of the public domain of the State, but any and all of said cer- tificates that shall be outstanding when all of the land of the State shall be al)sorbed and appropriated, shall become void. . • Homesteads shall be granted to actual settlers out of the public . domair.." •^ ' Eaferred to Committee on Public Lands. •' Mr.V.Cook, of Gonzales, submitted a commimication of Mr. ■Kidd, representative reporter for the Houston Tele(jra])li^ ad- "-droftsed' to the Printing Committee, and asked that it be spread ' i\pdT> the journals of the Convention. Ou -motion of Mr. Brown, the communication was laid on the • table; . - ' On- motion of Mr. Allison, the Convention adjourned until 9 o'clock A. M. to-morrow. SIXTH DAY. Hall of Represkntatiyes, j Aus'ri^, Texas, September 11, 1875. ( Convention met pursuant to adjournment; roll called; quo- rum present. l*rayer by Rev, T. P>. Lee, of Austin. Journal of yesterday read and adopted. Mr. Stay ton presented the memorial of Pry or Lea on the sub- ject of old land certificates that have not been satisfied. Referred to Committee on Public Lands and Land Office. Mr. Robertson, of Bell, ofi'ered the following resolution : Resol/ded^ That a committee of three be appointed to ascer- tain and report to this Convention on Monday next, or as soon as practical)le, whether a stenographer can be secured to report Sept II, 1875.J CONSTITUTIONAL CONVENTION. 51 the full proceedings of this Convention, and if one can be found, at what cost per day. Adopted. The President announced Messrs. Kobertson, DeMorse and Stockdale as said committee. Mr. Cook, of Gonzales, offered the following resolution : Resolved^ That for all accounts made for contingent expenses of this Convention against the contingent fund thereof, the approval of the Committeeon Contingent Expenses, signed by the Secre- tary and countersigned by the President of the Convention, shall be sufficient authority for the Comptroller to draw his warrant on the Treasurer for the payment of the same ; which shall be paid out of the funds appropriated by joint resolution of the sec- ond session of the Fourteenth Legislature, to defray the expense of this Convention. Adopted. Mr. West offered the following resolution. Resolved^ That the Sergeant-at-arms be recpiired to make the necessary arrangements to furnish water for the use of this Con- vention until the cisterns shall be replenished by rain. Adopted. Mr. Abernathy offered the following resohition : Resolved^ That none of the waters of this State shall be poisoned or otherwise pointed, so as to destroy fish ; the Legislature shall enact laws to protect the fish from wasteful destruction in the waters of this State. Referred to Committee on General Provisions. Mr. Burleson offered the following resolution : Resolved^ That no debt shall be contracted by any county or municipal corporation except with the consent of two-thirds of both branches of the Legislature, nor under any circumstances shall an indebtedness be contracted in excess of — per cent, of the assessed value of the taxable property of such county or cor- poration. Eeferred to Committee on Municipal Corporations. Mr. Burleson also offered the following resolution : Resolved^ That the failure of an officer made by law a col- lector of taxes, to pay over the revenue collected, should be made a felony and punished as such. Referred to Committee on Taxation and Revenue. Mr. Graves offered the following resolution : Resolved, That the following section shall be incorporated in the constitution under the appropriate caption : " No lottery shall be authorized by this State; and the buy- 56 JOURNAL OF THE [Sept. ii, 1875. "2. That the school patrons in each school district, or separate school, shall choose their owner teacher or teachers. " 3. That the scholastic year shall consist of two sessions of twenty weeks each. " 4, That no county shall pay for the building of school houses or benches, much less the State ; each community must provide such for itself. " 5. That the patrons of any school shall determine the salary of the teacher or teachers. " 6. That unless otherwise provided for hereafter, each patron, able to pay, shall pay two dollars for each child per month, and that the paying patrons shall select three of their number to deter- mine who are unable to pay. '' 7. That the deficiency of the teachers' salary per session shall be paid out of the county treasury, provided a certificate be presented by the teacher, signed i^y the appointed committee of three of the school in which he was employed. '' 8. That the county treasurer shall report such moneys paid out by the County Court, and after a due estimate, the citizens of such school district shall be taxed sufficient to cover said defi- ciency. '' 9. Should there be any public school fund, then the Comp- troller of the State shall turn the same over to the several counties j!?^'^ rrt^rt, according to the number of scholars in each county, and the county shall put said pro rata to the credit on tax rolls to such persons who have paid tuition for their children. " 10. That teachers of freed men's schools shall beexamiued by competent persons appointed by the County Court of the county wherein they teach, and if incapable, shall be discharged. ''11. Each county wherein schools exist for colored youths, they shall select three citizens, who shall, as often as they deem best, go and examine that the teachers perform their duties dili- gently, or to hear the C(jm]>hiints of parents or guardians, and Ibr want, or neglect, or cruel punishment, or immorality, shall discharge said teachers. " 12. There shall be no ccnnpulsory education. " 13. All persons between six and twenty-one years of age can avail theniselves of sc1kk)1 education ; provided^ those who have to be maintained by ])ublic taxation shall, after having acquired a knowledge of reading, writing and arithmetic, then be discharged, so that the public may not be farther taxed for them. '' 14. That whenever there shall be a sufficient public school fund to pay the tuition of all youths in the State, then no one Sept lo, 1875.] COiNSTITUTIONAL CONVENTION. 49 State, and that they are subject to none of the disqualifications enumerated in this article, and that they will faithtuUy demean themselves in office." Referred to Committee on General Provisions. The chair announced the following committee to inquire into the management of the State Penitentiary : Messrs. McCor- mick, Brown, Dun nam, Arnim and Mills. Mr. Stockdale asked to be relieved from acting as chairman of the Committee on Private Corporations. On motion of Mr. Flanagan he was excused. On motion of Mr. Flournoy, Mr. Wright was made chairman of said committee. Mr. German offered the following resolution : Resolved^ That the following provision shall be adopted : *' The members of tlie House of Representatives shall be chosen by the qualified electors, and their term of office shall be two years from the date of generel election ; and the regular ses- sions of the Legislature shall be once only in every two years, and of not more than sixty days' duration. Referred to Committee on Legislative Department. On motion of Mr. Bruce, Mr. Graves was added to the Com- mittee on Railroad Corporations. On 'lifiotion of Mr. Henry, of Smith, Mr. Kilgore was added to the Committee on Judiciary. On motion of Mr. Dohoney, Mr. German was added to the Committee on Railroad Corporations. On motion of Mr. Robertson, of Bell, Mr. Smith was added to the Committee on Revenue and Taxation. On motion of Mr. Russell, of Wood, Mr. Weaver was added to the Committee on Judiciary. On motion of Mr. Davis, of Brazos, Mr. Johnson, of Frank- lin, was added to the Committee on Bill of Rights. On motion of Mr. Cook, of Gonzales, Mr. Burleson was added to the Committee on Revenue and Taxation. Mr. West offered the following resolution, w^hich was referred to the Committee on General Provisions : Resolved^ That the following shall constitute article — , section — , of the constitution : " All claims, locations, surveys, grants and titles to land of any kind, which are declared null and void by the Constitution of the Republic, or State of Texas, are and the same shall remain forever null and void. " Sec. — . There shall be one General Land Office in the 4 54 JOURNAL OF THE {Sept. ii, 1875. " That no power of suspending same be exercised, except by a vote of two-thirds of both Houses of the Legislature. " That the Legislature meet biennially, to be convened in extra session by the Governor only in case of emergency, and tlien only to transact such business as the Governor may desig- nate in his proclamation. " That the per diem pay of members of the Legislature shall not exceed live dollars. " That the Legislature shall have no power to make any grant or to authorize the making of any grant of public money or thing of value, to any individuals, municipal or other corpora- tions whatsoever ; provided^ that this shall not be so construed as to prevent the grant of aid in a case of public calamity. '^That the Legislature shall have no power to authorize any county, city, town, or other political corporation or sub-division of the State now existing, or that may hereafter be created or established, to lend its credit or to grant public money or thing of value in aid of or to any individual, association or corporation whatsoever, or to become a stockholder in any such corporation, association or company. " That no municipal government in this State shall incur a debt for internal improvement or otherwise, except by a vote of u aiajority of those owning real estate in such municipalities. ''That all lands heretofore granted to counties for school pur- poses shall forever remain the property of the counties, to be n-anaged and disposed of by the county commissioners of the counties, as the Legislature may prescribe, the revenues arising thf.refrom to be used only for school purposes. '^ That the lands heretofore set aside for school purposes shall remain a perpetual school fund, and shall be leased or otherwise dIsJ)osed of as may be provided by law, but the fee to said Is^nds shall never pass out of the State." Referred to Committee on General Provisions. Mr. Barnett offered the following resolution: Resolved^ That the following section shall be incorporated in the constitution : " Sec. — . The Legislature shall, at the first session after the ratification of this constitution, provide by law for the filing of an abstracit of titles and the payment of taxes on all patented land in the several counties of this State." TJeferred to Conunittee on Revenue and Taxation. Mr. Flournoy offered the following resolution : Resolved.^ That the following section shall be embraced in the constitution : Sept. II, 1875.J CONSTITUTIONAL CONVENTION. 55 " Sec. — . The Legislature shall have power, and it shall be their duty, to protect by law from forced sale a certain portion of the property of all heads of families, and of unmarried adults, male and female. The homestead of a family not to exceed 200 acres of land (not included in a city, or town or village), or any city, town or village lot or lots, not to exceed in value $5000 at the time of their designation as a homestead, and without reference to the value of any improvements thereon, shall not be subject to forced sale for debts, except they be for the purchase thereof, for the taxes due thereon, or for labor and material ex- pended thereon ; nor shall the owner, if a married man, be at liberty to alienate the same, unless by the consent of the wife, and in such manner as may be prescribed by law, nor shall any mortgage or trust deed, or other lien thereon be valid except to secure the purchase money therefor or the payment for the im- provements thereon, although the same may have been executed by the husband alone, or jointly with his wife. But the Legisla- ture shall provide for the separate registration of the homestead (designated as such) in the county clerk's office of the county wherein the same may be situated, and the claim of homestead shall not thereafter be entertained, except as to the property so registered as such. If the homestead shall not have been acquired and registered prior to the death of the husband or wife, or other head of a family, no homestead or other property in lieu thereof shall be set apart out of the estate of such deceased person until all claims against the same shall have been fully paid ; provided^ that any property claimed and registered as a homestead shall be liable to forced sale to satisfy any lien or mortgage that may have been created thereon prior to such registration." Heferred to Committee on General Provisions. Mr. McCormick offered the following resolution : Resolved^ That the following section shall be incorporated in the constitution : " Ministers of the Gospel being by their profession dedicated to the service of God, ought not, therefore, to be diverted from their functions ; therefore no minister of the Gospel, priest or preacher, of any denomination whatever, shall ever be eligible to the Legislature." Referred to Committee on Legislative Department. Mr. Erhard submitted the following propositions, to make our schools useful, practicable and economical: Resolved^ '' 1. That the control of schools shall be left to the management and control of each county ajud its sub-divided school districts. 52 JOURNAL OF THE {Sept ii, 1S75. ing and selling of lottery tickets within this State is prohib- ited." Referred to Committee on General Provisions. Mr. Fleming offered the following resolution : Hesolved^ That a committee of one from each Senatorial Dis- trict be appointed by the President to apportion the State into Judicial Districts. Adopted. Mr. Nunn offered tlie following resolution : Resolved^ That the Judiciary Committee be instructed to in- quire into the expediency of reporting in favor of defining by law the powers of the judicial tribunals, to punish for contempt of court, and to secure the citizen against tlie exercise of capri- cious, arbitrary or absolute power, by defining and limiting the causes that can be held as contempt of court, so that no such power can be exercised, except so far as may be necessary, to preserve the dignity and independence of the judiciary and to secure the enforcement of proper discipline in the court for the transaction of public business, and to provide a mode of pro- ceeding, that while consistent with the dignity of the court, shall protect the citizen against capricious and absolute power. Referred to Committee on Judiciary. Mr. King offered the following resolution : Resolved^ That the following provision be incorporated in the constitution of the State of Texas : " Xo act of the Legislature except for appropriations, shall take effect or be in force, until ninety days after the adjourn- ment of the session of which it was enacted, unless in case of emergency, (which must be expressed in the preamble, or in the body of the act,) the Legislature shall by a vote of tAvo-thirds of all the members elected to each house otherwise direct ; said vote to be taken by yeas and nays and entered upon the journal." Referred to Committee on Legislative Department. Mr. Holmes offered the fJlowing resolution : Whereas, The necessity for the secret and inquisitorial service of the grand jury does not now exist and is contrary to the principles of free government, and is the source of civil discord and dissensions between citizens of communities, and the cause of unnecessary expense to the State, and unreasonable delay in the execution of justice; therefore be it Reaol'oed^ That the ibllowing provisions be incorporated in the constitution : "That every presentment for indictment on going before the grand jury, shall be certified to by the magistrate in whose Sept. II, 1875.] CONSTITUTIONAL CONVENTION. 6l levied except by the consent of a majority of the voters of said district, who shall represent or own a majority of the taxable property in said district, to be ascertained at a public election held for that purpose. Referred to Committee on Revenue and Taxation. Mr. Holt offered the following resolution to deprive juries of the ri2;ht of commutintr capital punishment to imprisonment for life. Resolved^ That in all cases where by law it may be provided that capital punishment may be inflicted, the jury shall not have the right in their discretion to substitute imprisonment or hard labor for life. Referred to Committee on Crimes and Punishments. Mr. Kilgore introduced the following resolution : Resolved^ That the preamble of the proposed new constitution shall read as follows : " PREAMBLE. " We, the people of Texas, grateful to Almighty God for the privilege of choosing our own form of government, do establish this constitution." Referred to Committee on Bill of Rio-hts. Also by Mr. Kilgore the following resolution : Resolved^ That section — of the proposed new constitution shall read as follows: " Sec. — . Every free male person twenty-one years of age, a citizen of the United States who shall have resided in this State twelve months next preceding an election and the last six months in the district, county, city or town in which he otters to vote, and shall have* paid all poll tax to which he is subject by law, shall be deemed a qualified elector in this State (Indians not taxed ex- cepted), and should such qualified elector be absent from his own county on the day of an election, he shall be permitted to vote in any county in the district of his residence for district otticers, and in any county in the State for State otticers. No soldier, seaman or marine in the army or navy of the United States shall be entitled to vote at any election in this State." Referred to Committee on Suffrage. Mr. McCormick offered the following resolution : Resolved.^ That the following section be incorporated in the constitution: 'r^»^ " No Governor, Lieutenant Governor or member of the Xj^^i£^' ture of this State shall be eligible to a seat in the Congress of the United States for five years after the termination of the term of office for which they may have been elected." 58 JOURNAL OF THE [Sept. ii, 1875. State, now or hereafter in existence, shall consist of a county chief justice, who shall be elected by the general vote of the county, and shall be the presiding justice of said court ; and also one county commissioner, to be elected by the voters of each civil district separately. Said chief justice and county commissioners shall serve for two years from the day of tlieir election and until their successors shall be elected and qualified. They shall take the constitutional oath of office before entering upon the discharge of their duties, and shall execute such bonds as may be provided by law. " Sec. — . The County Court shall hold regular sessions at least four times in each year, at such times as may be provided by law. Said court may also hold special or adjourned sessions, under such regulations as may be prescribed by law, and shall receive such per diem compensation as may in like manner be prescribed, but the members thereof shall not be allowed pay for more than three days at any one session, whether regular, special or ad- journed. " Sec. — . The County Court shall have general supervision, jurisdiction and control over the public business of the county relating to county taxes, public buildings, poor houses, alms- houses, work-houses, houses of correction, roads, bridges and ferries, paupers and insane persons, in accordance w4th the laws on those subjects; and also all such other powers and jurisdic- tions as may be prescribed by law. " JUSTICES COURTS. " Sec. — . In each civil district of every organized county, now^ or hereafter existing in this State, there shall be elected two justices of the peace and one constable, who shall hold their respectives offices for two years from the day of their election and until their successors shall be elected and qualified." Keferred to Committee on Judiciary. Also, offered the following resolution in favor of amending the constitution of the United States : Whereas, In view of evils in the legislation of the Congress of the United States, admitted to exist by all parties and sec- tions ; therefore Re^solved hy the i^eople of Texas in Convention a^^senihled^ That the senators and rejjresentatives in Congress from this State are hereby instructed to propose to Congress the two amendments following to the constitution of the United States, to be passed by that body and submitted to the several States for ratification : " Sixteenth Amendment — Congress shall pass no bill, except- Sept. II, 1875.] CONSTITUTIONAL CONVENTION. 59 ing appropriation bills, embracing more than one general subject matter, which shall be expressed in its title. " Seventeenth Amendment — When an appropriation bill cover- ing separate objects or items, may be passed by Congress, and submitted to the President for his consideration, he may approve a portion of the objects or items, and withhold his approval of other objects or items. If Congress be in session at the time his objections to snch objects or items shall be communicated to the house in which the bill originated, as is provided in other cases, whereupon the question shall be separately upon each object or item objected to — ■' shall the proposition pass, the objections of the President to the contrary, notwithstanding ? ' and such objects or items as may thus pass each house of Congress by a vote of two-thirds of the members present, shall be and become a part of the law. Those objects or items not so receiving a vote of two- thirds of each house, shall be and remain of no force and effect. But should Congress not be in session, the President in approving portions of the bill and objecting to other portions, shall endorse on the same the portions to which he objects, and such portions shall have no force or effect in the law so approved." Besohed^ That the President of this Convention is instructed to transmit a copy of this resolution to each of our senators and representatives in Congress. Referred to Committee on Federal Relations. Mr. West offered the following resolution : Resolved., That section — , of article — , of the constitution, shall be and read as follows : " No senator or representative shall, during the term for which he may be elected, wdiether he resign, or shall have resigned his said office or not, be eligible to the Senate of the United States, or to any civil office of profit under this State, which shall have been created, or the emoluments of w^hich may have been increased during such term ; and no member of either house of the Legislature shall, during the term for which he is elected, whether he resign or shall have resigned his said office or not, be eligible to any office or place, the appointment of wdiich may be made in whole or in part by either house of the Legislature ; nor shall the membei's thereof be capable of voting for a member of their own body, whether such member resign, or shall have resigned his said office, for any office whatever, except it be in such cases as are herein provided for. The President for the time being of the Senate and Speaker of the House of Representatives shall be elected from their respective bodies." Referred to Committee on Legislative Department. 64 JOURNAL OF THE {Sept ii, 1875. ticable schemes for providing a permanent and extended system of public education for as great a portion of each year as may be practicable with reference to population and property, and as a part thereof a special annual poll tax of not less than two dollars per capita for educational purposes shall be levied by act of the State Legislature to be added to the annual reservation of one-tenth of the general revenue assigned to school purposes. Referred to Committee on Education. Mr. Robinson offered the following resolution : Resolved^ That each county in the State be divided into as many justices' precincts as the conveniences of the population may require. Referred to Judiciary Committee. Mr. Crawford introduced the following resolution : Resolved^ That the Committee on Printing be required to re- port a resolution authorizing the President to receive sealed pro- posals at his desk for three days after the report of said resolu- tion for the printing of this body, and at the expiration of said time to open said proposals ayd thereupon by the consent of this Convention to award said printing to the low^est responsible bidder. Mr. Stockdale offered an amendment, which w^as afterwards withdrawn. Mr. Crawford offered a substitute for resolution and amend- ment, as follows : Resolved^ That the President of this Convention be authorized to receive sealed proposals at his desk for the printing of this body until Monday, the 13th inst., at 12 o'clock, at which time he shall open the same and award the said printing by the con- sent of this Convention to the lowest responsible bidder. Mr. Henry, of Smith, offered the following resolution : Resolved^ That the Committee on Printing be directed^to re- ceive sealed proposals to do the printing of this body, and to con- tract with the lowest responsible bidder for the same. On motion of Mr. Stockdale, the original resolution, together with amendments and substitutes were referred to Committee on Printing. Mr. Waelder offered the following resolution : Resolved^ That the Committee on Judiciary inquire into the expediency of dividing the State into convenient districts for the meeting of judges of the district courts in hanc^ w^ho shall compose courts of appellate jurisdiction to decide cases on appeal from the district courts of the State, and from whose decisions Sept II, 1875.] CONSTITUTIONAL CONVENTION. 57 shall be required to pay or be taxed for tuition, but all other reg- ulations shall continue in force. ''15. There shall be separate schools for thejwhite and colored children. " 16. That the next Legislature select teachers from Austin and other prominent institutions of learning in Texas, and request them to make a report in writing, which they consider the best books for schools, and after considering said reports, the Legisla- ture shall adopt a uniform system of school books for the State of Texas, to be used in all schools, except high colleges or uni- v^ersities; those institutions being independent, may select their own course. " 17. That at a suitable time the Legislature may establish a normal school for the proper .training and education of male and female teachers for elementary schools." Referred to Committee on Education. Mr. Brown submitted the following sections : "Sec. — . All p-enuine claims for land against the State of Texas, whether certiiicate or headright, scrip or bounty warrant, which were in existence before the 1st of January, 1875, are de- clared to be valid and entitled to be located, surveyed and pat- ented on the vacant and unappropriated public domain of the State." Referred to Committee on General Provisions. " Sec. — . Every office created by this constitution, or by the Legislature under its authority, shall have a fixed period of tenure, and whenever vacated by death, resignation or other cause, the vacancy, whether tilled by appointment or election, shall be filled for the unexpired term only." Referred to Committee on General Provisions. "county courts. "Sec. — . Every organized county, now or hereafter in exist- ence in this State, shall be divided into a convenient number of civil districts, not to be less than two nor more than ten, as pop- ulation or territory or both combined may render necessary for the convenience of the people. The number of such districts may be increased from two to ten by the County Court ; or the public interest may render necessary and the boundaries of the same may be changed from time to time by the County Court when deemed necessary. " The first sub-division of the present organized counties shall be made by the County Courts now in existence prior to the first election for county officers, provided for by this constitution. " Sec. — . The County Courts of each organized county in this 62 JOURNAL OF THE [Sept. ii, 1875. Referred to Committee on General Provisions. Mr. Rngely introduced tlie following resolution : Resolved^ That the right of trial by jury shall be inviolate; the Legislature shall pass such laws as may be needed to main- tain its purity and efficiency. No person is qualified to serve upon any jury who is not a citizen of the State and resident of the county; who has been convicted of felony; who is deaf, dumb, blind, or who can not understand and read and write the English language. Referred to Committee on Judiciary. Mr. Brady offered the following resolutions : EesoJoed, That the following be incorporated in the consti- tution : " Sec. — . In all civil cases the right of trial by jury shall remain inviolate." Also — " Sec. — . That no money shall be drawn from the treas- ury for the use and benefit of any religious or theological insti- tution whatever." Also — " Sec. — . No law shall ever be passed restraining the ix'QQ expression of thought, opinions and ideas, or restricting the right to speak, write or print freely on any subject whatever; but, for the libelous abuse of that right, every person shall be responsible. " Sec. — . In all prosecutions for libel the truth of the matters alleged to be libelous may be given in justification." Also — "Sec. — . Excessive bail shall not be required; exces- sive fines shall not be imposed ; cruel and unusual punishments, such as burning, branding, thumb-screws, the rack, torture, pois- oning, breaking upon tlie wheel, the stocks, pillory, wdiipping and tlie like, shall not be inflicted. All penalties shall be propor- tioned to the nature of the offense." All of which were referred to Committee on Bill of Rights. Also by Mr. Brady, the following resolution : Whereas, The people of Texas, through their Legislatures, have granted and reaffirmed, through many consecutive years, charters to railwiiy companies giving them the right to charge and collect fares and freights as is stipulated in said charters ; and, Whereas, The people of Texas have acqueisced in said char- ters, though their Legislatures exceeded their constitutional powers in granting said charters ; now, Therefore^ It is the sense of the people that it would be dis- honorable and dishonest to assume at this time to gainsay such grants and to attempt to modify or divert the same by retroactive Sept II, 1875.] CONSTITUTIONAL CONVENTION. 63 provisions and without the consent of the companies invested with said charters. Referred to Committee on Raih'oad Corporations. Mr. Ferris offered the following resolution : Resolved^ That the Committee on Public Lands and Land Office take into consideration the propriety of making the Land Office Department self-sustaining from fees. Referred to Couimittee on Public Lands and Land Office. Mr. Flanagan offered the following resolution : Resolved^ That no person elected or appointed to any office in the federal government by the Legislature or any portion of the people of Texas, shall be eligible to any other office under the constitution, or which is elected by the Legislature or any part of the people of Texas, during the full term for which such per- son was so elected or appointed, except in the cases provided in this constitution, or in which offices are declared not incom- patible. Referred to the Committee on General Provisions. I>y Mr. Rentfro : Resolved^ That the following shall be incorporated in the constitution, under its a])propriate caption : " Sec. — . The right of trial by jury, as heretofore enjoyed, shall remain inviolate; but a jury for the trial of civil or crimi- nal cases in courts not of record, may consist of less than twelve men, as may be prescribed by law. Hereafter a grand jury shall consist of twelve men, any nine of whom concurring, may iind an indictment or a true bill. Referred to Committee on Bill of Rights. Mr. DeMorse offered the following concerning education : "Public education being the most reliable safeguard of re- publican government, it is provided that all grants of land here- tofore made for that purpose by the Congress of the Republic and the Legislature of the State shall be preserved for their pre- destined uses, and that one-tenth f. II, 1875. MILES. AMOUNT. 540 108 00 400 80 00 300 60 00 230 46 00 100 20 00 432 86 40 628 125 60 136 27 20 612 122 40 452 90 40 660 132 00 354 70 80 150 30 00 332 66 40 256 51 20 50 10 00 508 101 60 552 110 40 620 124 00 542 108 40 200 40 00 00 00 00 150 30 00 34,Y75 Sept. 13, 1875.] CONSTITUTIONAL CONVENTION. 69 Carried. Mr. Robertson, of Bell, moved to reduce his mileage from one hundred and twenty miles, as reported by the committee, to one hundred miles. Carried. Mr. Brady moved to reduce his mileage from three hundred and sixteen miles to three hundred miles, that being the distance actually traveled. Carried. Mr. Kilgore moved to deduct from his own mileage, as re- ported by the committee, thirty-eight miles, and add to Mr. Flanagan's mileage thirty miles, these being the actual and cor- rect statements of the distances. Mr. Bamey moved the adoption of the report of committee, which was carried. Mr. Goddin, of Walker, submitted the following communi- cation : Austin, Texas, September 11, 1875. Hon. E. B. Pickett., President of the Cmivention : Sir — I respectfully tender my resignation as a member of the Convention from the Fifteenth Senatorial District, to take effect from date. Very respectfully, M. H. GoDDiN, of Walker, Member of the Convention. On motion of Mr. Flanagan the resignation was accepted, and Mr. Goddin withdrew from the floor of the House. On motion of Mr. Barney, Mr. Gaither was added to the Com- mittee on Bevenue and Taxation. On motion the Convention adjourned until 9 o'clock a. m. Monday. SEVENTH DAY. Hall of Bepresentatives, Austin, Texas, September 13, 1875. Convention met pursuant to adjournment ; roll called ; quorum present. Prayer by the Be v. Mr. Grasty. J. B. Murphy, delegate elect from the Thirtieth District, on motion of Mr. Ford, came forward, presented his credentials, took the prescribed oath and his seat. Journal of Saturday read and adopted. '70 JOURNAL OF THE {Sept. 13, 1875. The President announced the following Committee on Judicial Districts : Twenty-lifth District, JVIcCormick, Chairman. First District, Norvell ; Second District, Blake ; Third District, Nunn ; Fourth District, Keagan ; Fifth District, Russell, of Harrison ; Sixth District, Henry, of Smith ; Seventh District, Crawford ; Eighth District, DeMorse ; JSTinth District, Martin, of Navarro; Tenth District, Martin, of Hunt ; Eleventh District, Wright ; Twelfth District, Flournoy ; Thirteenth District, Davis, of Wharton ; Fourteenth District, Cline ; Fifteenth District, Brady ; Sixteenth District, Lockett ; Seventeenth District, Smith ; Eighteenth Dis- trict, Lacy ; Nineteenth District, Fleming ; Twentieth District, Ferris ; Twenty-first District, Johnson, of Collin ; Twenty-sec- ond District, Holmes ; Twenty-third District, Nugent ; Twenty- fourth District, Stockdale ; Twenty-sixth District, Moore ; Twenty-seventh District, Cook, of Gonzales ; Twenty-eighth Dis- trict, West ; Twenty-ninth District, King ; Thirtieth District, Murphy. Mr. Waelder introduced a memorial on the subject of suffrage. Keferred to Committee on Suffrage. Mr. Ballinger introduced a memorial on the subject of usury. Referred to the Committee on General Provisions. Mr. Darnell offered the following resolution : Resolved^ That all land which may have been granted to rail- roads or other incorporated companies, by way of subsidies, which have been or may hereafter be forfeited, sliall be set apart, together with all the public domain for common school purposes, the redemption of genuine land certificates, and to actual set- tlers, in such manner as the Legislature shall direct ; jircymded^ that all certificates for land, Avhich were rejected by the traveling or local boards of Land Commissioners, to detect fraudulent land certificates which have not been established by law, shall be for- ever barred from location. Referred to Committee on Education. Mr. Dohoney reported as follows: To tlie Hon. K. B. Pickett^ President of the (JondUutioncd Con- ventimi : Your Committee on Suffrage, having liad under consideration the resolution of this body instructing them to call on the Execu- tive and State Dei)artments for the number of votes cast at the several elections held in this State, in the years 1860, 1869 and 1873, also to obtain and report the present registered vote of the State, and to ascertain the probable cost of a general election in the State, instruct me to report to your honorable body that they Sept. 13, 1875.] CONSTITUTIONAL CONVENTION. 71 have performed that duty, aud herewith submit the following report, to-wit : The total vote of the State cast for the office of Governor at the election in 1866, as sho^vn bv the returns in the office of the Secretary of State, is sixty thousand six hundred and eighty- two (60,682). The total vote cast for the office of Governor in 1873, amounts to one hundred and thirty-nine thousand six hundred and forty- nine (139,649). The returns of the election of 1869 can not be found, and are reported to have been taken out of the State by General Reynolds, United States army. The total registered vote of the State, as far as the same has been ascertained up to August 1, 1875, is one hundred and ninety-one thousand two hundred and sixty-three votes, (191,263). This does not embrace the vote in a number of unorganized counties, nor the vote of the counties of Harrison and Camp yet to hear from. Your committee are satisfied from the information they have obtained that the total registered vote of the State must exceed two hundred thousand (200,000) ; and that a full and complete registration in the State would give a vote of not less than two hundred and twenty-iive thousand, (225,000). They submit herewith a tabular statement from the office of the Secretary of State, showing the vote by counties for Throck- morton and Pease in 1866, and the aggregate thereof; also the vote for Coke and Davis in 1873, by counties, and the aggregate thereof; and the registered vote of the several counties, as re- ported to the office of the Secretary of State, up to August 1, 1875 — which statement is marked " Exhibit A," and made a part of this report : 72 JOURNAL OF THE \Sept 13, 1875. Tabular Statement of Election Returns for Governor for THE Years 1866 and 1873 and of the Registered Yote IN 1875. 1866. 1873. t^ Counties. Throck- morton CD 0 0 0 0 0 0 (X> Or ^ Anderson . . . 910 23 933 1,135 916 2,051 2,848 Angelina . . . 273 124 397 462 ^\^ ■ 578 741 Aransas • ■ • • .... • • • • 172 29 201 239 Archer • • • • • • • « • « • • • • • ■ ^ • • • • • • • ■ Atascosa. , . . 140 71 211 389 31 420 684 Anstin 690 534 1,224 913 902 1,815 2,490 Bandera 42 3 45 156 27 183 299 Bastrop 671 376 1,047 1,090 1,144 2,234 2,861 Baylor Bee "75 **ii "86 114 7 121 176 Bell 495 112 608 1,862 198 2,060 3,4r8 Bexar 966 1,030 1,996 1,832 1,234 3,066 4,338 Blanco 93 50 143 202 64 266 • • • • Bosque 236 . 40 276 755 89 844 • • • • Bowie 322 6 328 530 268 798 1,260 Brazoria. . . . 336 34 370 336 1,092 1,428 1,836 Brazos 413 11 424 1,197 816 2,013 2,500 Brown • • • • • • • - • • . • 167 0 172 317 Burleson.. . . 494 113 607 1,085 581 1,666 1,510 Burnet 107 136 243 474 108 582 928 Caldwell . . . 413 101 514 740 480 1,220 1.434 Calhoun. . . . 192 106 298 218 227 445 635 Callahan.. . . • • • • .... .... .... .... 8 Cameron . . . i57 280 437 433 221 654 1,255 Camp . . . . • • • ■ .... .... Cass "59 .... '59 863 208 396 49 1.259 '257 2,000 Chambers. . . 5 Cherokee . . . 1,046 93 1,139 1,486 527 2,013 .... Clay Collin 1,044 121 1,165 76 1,690 '288 76 1,978 370 Colorado. . . . 582 329 911 . • • • .... .... 2,923 Coleman .... . . . . . . . . • . . • • • • > .... .... Comal 190 363 553 363 345 708 882 Sept. 13, 1875.J CONSTITUTIONAL CONVENTION. 73 Tabulae Statement of Election Rettrns — Co7)tmiced. 1866. 1873. <^ h CorNTIES. C e (. 1 JO 0 Total . . . 0 0 0 0 0 0 pi a- Comanche. . . 121 24 145 500 14 514 874 Concho • • • • • • • • • • « • • • > « • • • Cooke 512 28 540 1,128 57 1,183 2,492 Coryell 274 18 292 1,121 45 1,166 1,833 Crockett .... .... • • • • .... • * • • .... .... Dallas 921 267 1,188 2,028 336 2,364 5,779 Dawson .... .... .... • • • • .... .... .... Delta • • • • • • • • • • • • 796 Denton 654 142 796 1,249 118 1,367 2,476 DeWitt 408 95 503 545 553 1,098 1,458 Dimmit .... • • • » • • • • .... . . . Duval • • • . .... .... .... • • • • Eastland.. . . . . . . .... .... .... 264 Edwards . . . • • • • • • * • • • • • .... • • • • .... Ellis 525 89 614 1,528 122 1,650 2,384 El Paso • • • * • • • • 447 46 493 797 Encinal .... • • • • • • • • • • • • • • • • • • • Erath 224 131 355 376 58 434 917 Falls 373 38 411 834 738 1,572 2,109 Fannin 921 334 1,255 1,531 559 2,090 3,102 Fayette 696 606 1,302 1,677 1,551 3,228 4,300 Fort Bend. . 373 15 388 261 1,159 1,420 1,848 Franklin. . . . • • • • • • • • • • • > 985 Freestone . . 495 7 502 1,070 602 1,672 2,154 Frio • • • • .... 69 13 82 • • • • Galveston. . . 596 1771 773 2,492 1,023 3,515 5,538 Gillespie. . . . 52 261 313 104 344 448 650 Goliad 195 181 376 292 224 516 .... Gonzales. . , . • • • ■ • • • • .... 1,054 415 1,469 2,020 Grayson .... 875 153 1,028 2,265 495 2,760 6,082 Gregg .... 308 154 462 1,514 Grimes 764 17 781 1,329 1,600 2,929 4,013 Guadalupe. . 458 206 664 2,200 Hamilton . . . 129 2 131 187 6 193 333 Hardeman . . .... .... .... .... .... .... 74 JOURNAL OF THE {Sept. 13, 1875. Tabcjlar Statement of Election Returns — Continued. CouN ties. Hidalgo Hill. . . . Hood. . . . Hopkins . Houston. Hunt Jack .... Jackson. . Jasper. . . Jefferson. Johnson . Jones . . . Karnes. . Kaufman Kendall . Kerr Kimball. Kinney . . Knox . . . Lamar. . . Lampasas La Salle . Lavaca . . Lee Leon .... Liberty . . Limestone Live Oak Llano . . . Hardin . . Harris.. . Harrison. Haskell . Hays ... Henderson 1866. 1873. Thorck- morton. CO 0 1— ^ Q c CD 136 2,966 *525 763 60 1,302 773 1.871 1,014 1,469 '164 345 277 1,407 185 1,070 70 143 "94 1,792 375 1,103 1,231 115 108 0 73 1,398 796 'i84 463 64 375 1,65s 582 712 31 134 312 143 555 "192 698 17 65 r,i8i 89 "729 *362 333 393 91 98 34 132 6 11 84 324 29 134 181 54 20 36 14 3 25 3 44 135 41 'i65 80 "37 '73 8 61 7 21 107 1,530 802 195 547 388 404 1,192 763 766 51 170 326 146 580 195 742 152 106 1,346 169 *766 '435 341 454 98 119 20 2,169 152 249 72 148 32 193 1,058 139 244 121 71 35 88 142 200 77 *ii4 598 13 "462 *337 13 7 156 5,135 *677 1,012 132 1,450 805 2,064 2,072 1,605 "408 466 348 1,442 *273 1,212 270 220 "208 2,390 388 1,565 1*,568 128 115 Sept. 13, 1875.] CONSTITUTIONAL CONVENTION. 75 Tabular Statement of Election Returns — Continued. Counties. McCulloeh McLennan McMiillen Madison . . Marion . . . Mason. . . . Matagorda Maverick . Medina . . Menard . . Milam. . . . Montague Montgoinerj Morris . Nacogdoche Navarro. Newton . Nueces. . Orange . Palo Pinto Panola , Parker . Pecos . . Polk... Presidio Pains . . Ped Piver Pefugio Pobertson Rockwall Runnels. Rusk. . . . Sabine. . Somerville S.Augustine 1866. ^ O 36 639 226 4(M 8 192 19 520 110 538 km 554 146 104 72 567 529 461 1,057 121 493 971 186 286 8 85 4 4 61 217 14 30 41 22 19 134 1 1 26 145 49 48 126 27 44 724 230 408 69 231 236 534 140 579 688 573 280 105 73 593 674 510 1,105 154 501 1,097 213 294 1873. o o '77' O 1,631 449 1,018 82 186 71 76 74 997 426 689 '987 1,212 265 199 262 1,114 955 447 251 1,321 139 1,162 229 796 177 1,195 41 388 65 326 54 138 51 708 395 462 96 313 3 284 184 159 40 439 19 1,000 33 1,302 2,509 626 2,213 123 574 136 402 128 1,135 477 1,397 1*3S2 1,674 361 512 265 1,398 1,139 606 291 2,260 158 2,162 262 3,098 I— i "^ ^^ (t) 52 3,317 225 789 201 178 2,300 1,002 2,384 896 1,947 2,577 491 1,035 327 436 1,858 2,000 292 495 5,392 361 729 JOURNAL OF THE [Sept 13, 1875. Tabular Statement of Election Returns — Continued. 1866. 1873. S^w Counties. • ^ 130 435 1,168 287 '628 '878 601 347 328 888 46* 401 275 601 982 "186 *433 218 254 0 p CO CD 0 p^ 0 0 0 0 p <; CO 0 P^ *io3 293 1,078 2,928 197 1,958 1,952 3,583 520 569 1,771 170 895 967 1,651 4,021 603 1,335 423 650 850 • * • • ^ CD ►"-^ ST San Jacinto. San Patricio San Saba. . . Shackelford. Shelby Smith Starr Stephens . . . Tarrant .... Taylor Throckm'ton Titus Tom Green. Travis Trinity Tyler' Upshur Uvalde Yan Zandt.. Yictoria .... Walker .... Waller Washington . Webb.*:.... Wharton. . . . Wichita .... Wegefarth . . Wilbarger. . . Williamson . Wilson Wise Wood Young Zapata Zavalla 11 120 110 29 '121 "67 *368 27 44 7 27 176 125 3 '252 "21 '268 ;ii9 265 '120 141 *555 1,278 316 749 '945 '969 374 372 895 73 577 400 604 1,234 *207 "ioi 337 519 '126 "9! 291 *676 1,589 100 1,826 1,702 2,167 450 556 1,166 148 651 450 774 1,697 91 1,127 330 584 681 'i2 2 '462 1,339 97 'i38 250 1,416 70 13 605 22 244 517 877 2,324 512 '208 93 169 \ . . . 954 158 494 190 1,332 2,740 335 2,543 1*250 241 4,488 1,625 1,166 2,126 1,800 3,837 1,028 816 *932 1,295 1,366 195 Total 48,631 12,051 60,682 70,155 35,157 105,312 144,343 Sept. 13, 1875.] CONSTITUTIONAL CONVENTION. YY As to the cost and expense of a general election, they respect- fully report that the act of the Legislature of 1874, (General Laws, pages 23 and 24) provides that the proclamation for a general election may be published for a period not to exceed three months, in two newspapers in each Congressional District. The estimate of Secretary of State is that such a proclamation published in weekly newspapers, at regular rates, would cost $2,205, and that the same, published in daily papers, would cost about $12,442 50. The cost of printing and furnishing election blanks would probably be $125. The cost of registration is ten cents for each person registered, which is paid by the respective counties, and will probably amount to $26,000. All of which is respectfully submitted for the information and use of the Convention. E. L. DoHONEY, Chairman. Laid over under the rules. Mr. Ford, from Committee on State Affairs, reported as fol- lows : Committee Room, ) AusTEST, September 11, 1875. \ To the Honorable E. B. Pickett^ President of the Convention : The Committee on State Affairs, to which was referred a reso- lution suggesting that " the constitution of 1845 be made the basis of the new constitution, and that the President of the Con- vention be required to give out the different portions of said con- stitution to the different committees for their action," have had tlie same under consideration, and have directed that it be recommended to the.favorable notice of the Convention. John S. Ford, Chairman, Committee on State Affairs. Laid over under the rules. Also by Mr. Ford, from Committee on State Affairs : Committee Room, ) Austin, September 11, 1875. j To the Honorable E. B. Pickett^ President of the Convention : The Committee on State Affairs, to which was referred a resolution concerning the abolition of the taxes levied " for the purpose of keeping up public roads," and recommending that a system of labor be formed for said purpose, have had the same under consideration, and have instructed me to report the follow- ing as a substitute for said resolution, and to recommend its adoption : ResoVoed^ That no taxes shall be levied in this State for the opening, repairing, and keeping up public roads, but that the 78 JOURNAL OF THE {Sept. 13, 1875. same shall be clone by a system of labor by the male citizens of this State between the ages of eighteen years and forty-five years ; and the Legislature of this State shall, at its first session after the adoption of this constitution, pass a law to carry this provision into efi'ect. John S. Ford, Chairman, Committee on State Affairs. Laid over under the rules. Mr. Cook, of Gonzales, from the Committee on Printing, sub- mitted the following report : To the Hon. E. B. Pickett^ President of the Convention : Your Committee on Printing and Contingent Expenses, hav- ing conferred with all the representatives of the press now in the city, and invited from them proposals for doing the printing probably to be required by the Convention, beg leave to report : That they have carefully considered all the proposals received by them for such printing, and that they deem that made by the Galveston Neios^ to print the journals of the Convention, ^vq hundred (500) copies, usual type and st^de, at one-sixth of a cent ,(l-6c.) per page, the lowest and best bid. The publishers of the Galveston News also propose to print the constitution we may form, usual style, pamphlet form, twenty thousand (20,000) copies, at three and seven-twentieths (3 7-20c.) cents per copy, regardless of number of pages. This we also deem the lowest and best bid. The publisher of the Ei)ening News^ printed in this city, ])ro[)Oses to print such matter as may be required for the use of delegates, in bill form, at two cents (2c.) per page, and this the committee consider the lowest and best bid for that class of work. The publisher of the Evening Neios further proposes that in the event the Convention employ a stenographic reporter of the proceedings of the Convention, to print such proceedings at one cent (Ic.) per page, which we deem the lowest and best bid for that class of work. The committee, therefore, recommend that the propositions of the publishers of the Galveston News for printing the jour- nals and constitution be accepted, and that such work be awarded to them. And that the propositions of the publisher of the Eoening News for printing bills, resolutions, ordinances, etc., be accepted, ai|d that such work be awarded to him, and that the printing of the daily proceedings of the Convention be awarded to him, if such work should be desii*ed. All of which is respectfully submitted. W. D. S. Cook, Chairman. Sept. 13, 1875.] CONSTITUTIONAL CONVENTION. 79 Mr. Crawford offered the following amendment : Add after the words " be accepted," on their entering into bond, with good and sufficient sureties, in the sum of five thou- sand dollars, payable to the Governor of the State, conditioned for the faithful performance of the work. The amendment was adopted. Mr. Reagan offered the following resolution : Resolved^ That all fines, penalties, forfeitures, and escheats, which have accrued to the Republic and State of Texas, under their constitutions and laws, shall accrue to the State of Texas ; and the Legislature shall, by law, provide a method for determin- ing what lands have been forfeited or escheated ; and Whereas, It is the duty of the State government to give repose and security to the titles to lands in this State ; and Whereas, After the lapse of about forty years, persons, in- cluding non-residents of the State and aliens, are still deposit- ing in the General Land Office, and causing to be recorded in the several counties of this State, grants and titles, or pretended grants and titles to lands, which had their origin prior to the declaration of independence of the Republic of Texas ; Remlved^ /That the committee on the General Provisions of the Constitution inquire into the expediency of incorporating in the general provisions of the constitution, a declaration that no grant, title, bond, contract, agreement or power of attorney, or other evidence of right to or interest in land, having its origin or being dated before the 2d day of March, A.D. 1836, which has not heretofore been deposited in the General Land Office or recorded in the proper county, shall after the adoption of this constitution, be deposited in the General Land Office, or recorded in any county in this State, or used as evidence in any of the courts of this State. Mr. Wade offered the following resolution : Resol/ved^ That a system of free public schools is essential to the prosperity of a State, and that the lands heretofore set apart for school purposes be utilized under a proper system of lease which will raise a distributive fund for the support of free pub- lic schools, and that the title to said land never be permitted to pass from the State. Referred to Committee on Education. Mr. Johnson, of Collin, off'ered the following resolution : Resolved^ That all property, real and personal, belonging to any railroad or other corporation in the State, shall be assessed and paid in the county in which the same is situated. And that this body be instructed to provide proper constitutional provisions 80 JOURNAL OF THE {Sept i3, 1875. to enforce and carry out the objects herein named. And that this resolution be referred to the Committee on Eailroad Corpo- rations. Referred to Committee on Raih'oad Corporations. Mr. Johnson, of Collin, offered the following resolution : Resolved^ That all lands situated in the State of Texas shall be assessed, and the taxes upon the same shall be paid, in the county in which the same is located ; and that the tax collector shall be authorized to advertize and sell lands not rendered, without a decree of any court, and in the same year that taxes may be due and not paid. Referred to Committee on Revenue and Taxation. Mr. DeMorse offered the following resolution : It shall be a part of the oath of office of every person elected or appointed to official position in the State, that — " I have not, since my election (or appointment) received, and will not, during the continuance of my term of office, receive any gift, courtesy, accommodation, free ticket, or compensation, from any railroad or other corporate company, or any private individual, other than may be extended to citizens of the State generally." Referred to Committee on General Provisions. Mr. Johnson, of Franklin, offered the following resolution : Resolved^ That the Committee on General Provisions be instructed to inquire into the necessity of reporting a constitu- tional provision requiring the Legislature, at its first session, to enact a local option act, in reference to the sale of intoxicating liquors as a beverage, whereby the County Court of each county in the State shall be required upon the written application of voters, to order an election of the qualified voters of any town, city, school district, or justice's precinct within said county, or an election within the county itself, as to whether the sale of intoxicating liquors as a beverage, shall be licensed within the proposed limits ; and if a majority of those voting vote against such license, then such sale of intoxicating liquors as a beverage shall be prohibited within the specified bounds. Referred to Committee on General Provisions. Mr. Morris offered the following resolution : Resolved^ That railroads be taxed upon their gross receipts as base of value. Referred to the Committee on Revenue and Taxation. Mr. Lynch offered the following resolution : Resolved^ That the Comptroller of Public Accounts be author- ized and instructed to invest all funds belonging to common Sept. 13, 1875.J CONSTITUTIONAL CONVENTION. 81 schools, now in United States bonds, together with amount of cash on hand, in Texas bonds, said amount to be held sacred as part of permanent school fund of this State. Referred to Committee on Education. Mr. Abernathy offered the following preamble and resolution : Preamble — For the high esteem we have for the ministry of the gospel, we think they should be faithful to the one high vocation. Resolmd^ That no minister of the gospel shall be entitled to a seat in the Legislature of this State, except he first be elected to the same. Referred to Committee on General Provisions. Mr. Martin, of Navarro, offered the following resolution : Resolved, That any person who shall directly or indirectly offer, give or promise any money or thing of value, testimonial, privilege or personal advantage to any executive or judicial officer or member of the Legislature, to influence him in the per- formance of any of his public or official duties, shall be guilty of bribery, and be punished in such manner as shall be provided by law. And any member of the Legislature or executive or judicial officer who shall solicit, demand, or receive, or consent to receive, directly or indirectly, for himself, or for another, from any com- pany, corporation, or person, any money, office, appointment, employment, testimonial, reward, thing of value, or enjoyment, or of personal advantage, or promise thereof, for his vote or official influence, or for withholding the same, or with an under- standing, expressed or implied, that his vote or official action shall be in any way influenced thereby, or who shall solicit or demand any such money or other advantage, matter or thing aforesaid, for another, as the consideration of his vote, or official influence, or for withholding the same, or shall give or withhold his vote or influence in consideration of the payment or promise of such money, advantage, matter, or thing, to another, shall be held guilty of bribery within the meaning of this constitution, and shall incur the disabilities provided for said offenses with a forfeiture of the office or position he may hold, and such other additional punishment as is or shall be provided by law. Referred to Committee on General Provisions. Mr. Weaver offered the following resolution : Resolved, That in all civil cases a majority verdict shall decide the issue. Referred to Committee on Judiciary. 6 82 JOURNAL OF THE {Sept 13, 1875. Mr. Henry, of Smith, offered tlie following resolution : Unsolved, That it shall be the duty of the Legislature to pro- tect from forced sale a certain portion of the property of all heads of families, citizens of this State. The homestead of a family not to exceed in area two hundred acres, or in value two thousand dollars, (not included in a town, city, or village) or any city, town, or village lot or lots, not to exceed in value the sum of two thousand dollars, shall not be subject to forced sale for debt, except it be for the purchase thereof, for the taxes assessed thereon, for labor and materials expended thereon, or for the enforcement of voluntary liens thereon, nor shall the owner, if a married man, be at liberty to alienate or encumber the same, unless by the consent of the wife, and in such manner as may be prescribed by law. Keferred to Committee on General Provisions. Mr. Rentfro offered the following resolution : Resolved^ That the following be incorporated in the State constitution, under the caption of general provisions : '^ Whereas, It is best for the interests of the State at large that no individual should himself be the first incumbent of an office in the creation of which he has aided ; therefore no mem- ber of this Convention shall be eligible for election to any office, whether of honor, trust, or profit, by this constitution created, at the first general election held under this constitution, or for the space of twelve months after its adoption by the people." Referred to Committee on General Provisions. Mr. Graves offered the following resolution : Whereas, The Sergeant-at-arms and the Assistant Sergeant- at-arms have no time to assist the Door-keeper ; and Whereas, The Door-keeper is not able to attend to all the duties devolving upon him ; therefore Resolved^ That this body proceed at once to the election of an Assistant Door-keeper, who shall have the same pay as the Door-keeper. Laid over under the rules. Mr. Fleming offered the following resolution : Resolctid^ That the following sections shall be incorporated in the constitution, under the ayjpropriate captions : " All land, whether owned by persons or corporations, shall be assessed fur tax^iion, and the taxes paid, in the county where situated when organized, and sWl pay tax according to its value. Lands not rendered for assessment si;all be assessed by the proper assessing ofllcer, and in no case shall be valued at less than one dollar per acre. All proceedings to enforce the collection of Sept. 13, 1875.] CONSTITUTIONAL CONVENTION. 83 taxes shall be m rem, without reference to the owner or claimant, and taxes on land are declared to be a special lien thereon. •' 2. The Legislatiu'e shall provide bj law a summary proceed- ing in tlie District Courts by which collection of taxes on land shall be enforced through judgments and judicial sales as fast as the tax is due and unpaid. As many tracts or parcels of land as can be conveniently embraced in one suit may be proceeded against in one action, rendering separate judgments against each tract. But one writ shall issue in each suit or action, which shall be published at least four weeks prior to the day on which the court commences, and shall describe each tract of the land as near as may be by reference to the county map or the name of the origi- nal grantee or patentee, or the number and volume of the patent, or in any other way that is descriptive ; lyrovided, that it shall not be necessary to describe it by metes and bounds. No judg- ment or sale under these proceedings shall be held invalid by reason of any irregularity in the proceedings, and the deed of conveyance made in pursuance thereof shall be held to vest a good and perfect title in the purchase, subject to be impeached only for actual fraud or want of jurisdiction in the court render- ing the judgment ; provided, the former owner shall within two years from the date of the purchaser's deed have the right to redeem the land upon payment to the purchaser of eight times the amount of money paid for the land. '' 3. The owner or hona fide claimant of land thus proceeded against shall at any time before final judgment is rendered, have the right to make himself a party to the suit and make defense, and w^hen in that mode issues are formed, the court may allow severance and separate trial as to the tracts of land about which contests are made. '* 4. Lands in unorganized counties shall be proceeded against in counties to which such unorganized counties are attached for judicial purposes. '' 5. The Legislature shall by appropriate enactment give effect to this article." Referred to Committee on Revenue and Taxation. Mr. McCormick introduced the following resolution : Resolved, That the following section shall be incorporated in the constitution : " Sec. — . No railroad corporation in existence at the time of the adoption of this constitution shall have the benefit of any future legislation, except on condition of complete acceptance of all the provisions of this constitution applicable to railroads. And in case any railroad corporation in this State 84 JOURNAL OF THE [Sept. 13, 1875. shall refuse to accede to the provisions of this constitution applic- able to railroads within thirty days after the adoption hereof by the people, the Governor of this State shall proceed at once to collect from such corporation all moneys loaned by this State to such corporation out of the school fund or other funds of this State." Referred to Committee on Railroad Corporations. Mr. McKinney offered the following resolution : Resolved^ That the title to all lands heretofore donated to the several counties in this State for school purposes shall remain inviolate in the respective counties as a vested right and may be disposed of by the County Court of each county under such rules and regulations as may be prescribed by law, and the proceeds arising from the sale of the same shall belong to the respective counties to which said lands w^ere originally granted, and shall form a permanent school fund belonging to each respective county, w^hich shall be under the control and supervision of the County Court of each county, and shall be loaned only on unin- cumbered real estate security of double the value of the loan, with personal security in addition thereto ; the interest arising from the same shall bean available school fund belonging to the respective county to which said land was originally donated, and may be annually expended for the benefit and support of public free schools in said county, under such rules and regulations as may be prescribed by law. Referred to Committee on Counties and County Lands. Mr. Robeson of Fayette, offered the following resolution : Mesol/ved^ That this Convention suspend the collection of the tax of \ of one per cent, levied for the year 1875 to keep up roads and bridges, until the constitution now being framed shall be voted on by the people. Referred to Committee on Taxation and Revenue. Mr. Martin offered the following^ resolution : Itesol/ved, That a member who has a personal or private interest in any measure or bill proposed or pending before the Legislature shall disclose the fact to the House of which he is a member, and shall not vote thereon. Referred to Committee on Legislative Department. Also the following : BfRolved^ That no money raised for the support of tlie public schools of this State shall be appropriated to or used for the sup- port of any sectarian school. Referred to Committee on Education. Mr. Gaither offered the following resolution : Sept. 13, 1875.] CONSTITUTIONAL CONVENTION. 85 Resolved^ That the Judiciary Committee be instructed to inquire into the propriety of restricting the number of jurors in all cases to six. Keferred to Committee on Judicial Department. Mr. Kilgore offered the following resolution : • Resolved^ That section — Bill of Rights shall read as follows : Section — . The privilege of the writ of habeas corpus shall never be suspended in this State, except when, in case of rebel- lion or invasion, the legislature shall declare the public safety requires it. Referred to Committee on Bill of Rights. Mr. Allison moved to change his mileage to five hundred and eighty miles. The President ruled the motion out of order, as the mileage of the delegates had been fixed by the committee and the ques- tion disposed of by the Convention. Mr. McLean offered the following resolution : Resolved., That the following provision be incorporated in the constitution, to wit : " That no pei'son who shall have been a member of this Con- stitutional Convention shall be eligible to any office of honor, profit, or trust in this State, or as a representative or senator in the Congress of the United States, within one year next succeed- ing the adoption of this constitution by the people of the State. That this resolution shall not effect any member who now holds any of the offices referred to." Referred to Committee on Federal Relations. Mr. Holmes offered the following resolution : Resolved., That the Legislature shall have no power to extend time for the completion of the contract to any railroad corpora- tion or manufacturing establishment contrary to the terms of the charter granted to the same. Referred to Committee on Legislative Department. Mr. Whitfield offered the following resolution : Resolved^ That the Superintendent of Public Instruction be requested to furnish to this Convention the scholastic population of the State, the amount of money da^tYxhwiQdi per capita for the year 1875, and the amount of money reqired to maintain public free schools in this State for four months each year, and the amount due teachers for services already performed. The resolutiou was adopted. Mr. German offered the following resolutions : Resolved., That the following shall be a provision of the con- stitution : 86 JOURNAL OF THE {Sept. 13, 1875. " That the Legislature shall pass no law extending the time for the construction of any of the works of internal improve- ment in this State." Referred to Committee on Legislative Department. Mr. Russell, of Harrison, offered the following resolution : Resolved^ That the following provision be incorporated in the constitution, viz : " There shall be a State board of equalization, consisting of the Governor, Comptroller and State Treasurer. The duty of said board shall be to adjust and equalize the valuation of real and personal property among the several counties in the State, and it shall perform such other duties as may be prescribed bv law." Referred to Committee on Revenue and Taxation. Mr. Cook, of Gonzales, offered tlie following resolution : Resolved^ That provision be made in the constitution that no one shall be eligible as a juror to sit in a case of felony who is under indictment, or has been tried for a similar offense. Referred to Committee on Judiciary. Mr. Pauli offered the following resolution, with the request that the substance thereof be made a part of the constitution : '' Sunday being considered and established in and throughou";. the State as a day of rest and recreation, be it and it is hereby " Resolved^ That no law or any portion of law shall be passed by any Legislature enforcing the observance of that day to such an extent as to make tlie same l^urdensome and oppressive to the mental and social liberty of any one or any class of moral, peaceable and law-abiding citizens." Referred to Committee on Bill of Rights. Mr. Brown offered the following, to be incorporated in the constitution : " Article — . " CORPORATIONS. "Section 1. k\\ existing cliarters, or grants of special or ex- clusive privileges, under wliich a Jxma /zV/^ organization shall not have taken place, and business been commenced in good faith, at the adt)])tion of this constitutit>n, shall hereafter have no validity in this State. "Sec. 2. No corporation, after the ado})tion of this constitu- tion, shall be created by special laws; nor shall any existing charter be exterided, changed or amended by special laws, except those for charitable, penal or reformatory purposes, which are under the patronage and control of the State. " Sec. 3. The Legislature shall not remit the forfeiture of the Sept. 13, 1875.J CONSTITUTIONAL CONVENTION. 87 charter of any corporation now existing, or alter or amend such forfeited charter, or pass any other general or special laws for the benefit of such corporations. " Sec. 4. The exercise of the power and right of eminent domain, shall never be so construed or abridged as to prevent the taking, by the general assembly, of the property and fran- chises of incorporated companies already organized, or that may be hereafter organized, and subjecting them to the public use, the same as that of individuals. The right of trial by jury shall be held inviolate in all trials of claims for compensation, when in the exercise of said right of eminent domain, any incorporated company shall be interested either for or against the exercise of said right. " Sec. 5. The exercise of the police power of the State shall never be abridged, or so construed as to permit corporations to conduct their business in such manner as to infringe the equal rights of individuals, or the general well being of the State. " Sec. 6. In all elections for directors or managers of any in- corporated company, each shareholder shall have the right to cast as many votes in the aggregate as shall equal the number of shares so held by him or her in said company, multiplied by the number of directors or managers to be elected at such election; and each shareholder may cast the whole number of votes, either in person or by proxy, for one candidate, or distribute such votes among two or more candidates, and such directors or managers shall not be elected in any other manner. " Sec. 7. No corporation shall engage in business, other than that expressly authorized in its charter, or the law under which it may have been or hereafter may be organized, nor shall it hold any real estate for any period longer than six years, except such as may be necessary and proper for carrying on its legitimate business. " Sec. 8. No corporation shall issue stock or bonds, except for money paid, labor done, or property actually received, and all ficticious increase of stock or indebtedness shall be void. The stock and bonded indebtedness of corporations shall not be in- creased, except in pursuance of general law, nor without the con- sent of the persons holding the larger amount in value of the stock first obtained at a meeting called for the purpose, first giving sixty days public notice, as may be provided by law. " Sec. 9. Dues from private corporations shall be secured by such means as may be prescribed by law, but in no case shall any stockholder be individually liable in any amount over or above the amount of stock owned by him or her. 88 JOURNAL OF THE \Sept 13, 1875. " Sec. 10. No corporation shall issue preferred stock without the consent of all the stockholders. " Sec. 11. The term "corporation," as used in this article, shall be construed to include all joint stock companies or associations having any powers or privileges not possessed by individuals or partnerships. " Sec. 12. The power to tax corporations and corporate prop- erty shall not be suspended or surrendered by act of the Legis- lature." Referred to Committee on General Provisions. Also by Mr. Brown : " RAILROA^DS. " Sec. — . It shall not be lawful in this State for any railway company to charge for freight or passengers a greater amount for the transportation of the same for a less distance than the amount charged for any greater distance, and suitable laws shall be passed by the Legislature to enforce this provision, but excur- sion and commutation tickets may be issued at special rates. " Sec. — . Any railroad corporation or association, organized for the purpose, shall have the right to construct and operate a railroad between any points withic this State, and to connect at the State line with railroads of other States. Every railroad company shall have the right, with its road, to intersect, con- nect with or cross any other railroad, and shall receive and transport each the other's passengers, tonnage and cars, loaded or empty, without delay or discrimination. " Sec. — . Railways heretofore constructed, or that may here- after be constructed in this State, are hereby declared public highways, and railroad companies common carriers. The Leg- islature shall pass laws to correct abuses and prevent unjust dis- crimination and extortion in the rates of freight and passenger tariffs on the different railroads in this State; and shall, from time to time, pass laws establishing reasonable maximum rates of charges for tlie transportation of passengers and freiglit on said railroads, and enforce all such laws by adequate penalties. "Sec. — . Elvery raih'oad or other cor])oration, organized or doing business in tliis State under tlielaws or authoi'ity thereof, shall have and maintain a public office or place in this State for the transacti(ni of its business, where transfers of stock shall be made, and where shall be ke})t, for ])ublic inspection, books in which shall be recorded the amount of capital stock subscribed, the names of the owners of the stock, the amounts owned by them respectively, the amount of stock j)aid and by whom, the transfer of said stock, with the date of transfer, the amount of Sept. 13, 1875.] CONSTITUTIONAL CONVENTION. 89 its assets and liabilities, and the names and places of residence of its officers. The directors of every railroad company shall hold one meeting annually in this State, public notice of which shall be given thirty days previously, and shall report annually, under oath, to the State Comptroller, or some officer designated by law, all of their acts and doings, which report shall include such matters relating to railroads as may be prescribed by law. The Legislature shall pass laws enforcing, b}^ suitable penalties, the provisions of this section. *' Sec. — . The rolling stock and all other movable property belonging to any railroad company or corporation in this State, shall be considered personal property, and shall be liable to exe- cution and sale, in the same manner as the personal property of individuals ; and the Legislature shall pass no law exempting any such property from execution and sale. " Sec. — . No railroad or any corporation, or the lessees, pur- chasers or managers of any railroad corporation, shall consoli- date the stock, property or franchises of such corporation, with, or lease, or purchase the works or franchise of, or in any way control any railroad corporation owning or having under its control a parallel or competing line; nor shall any officer of such railroad corporation act as an officer of any other railroad cor- poration owning or having the control of a parallel or compet- ing line. The question whether railroads are parallel or com- peting lines, when demanded, shall be decided by a jury, as in other civil issues. " Sec. — . If any railroad company organized under the laws of this State, shall consolidate by sale or otherwise, with any railroad compan}^ organized under the laws of any other State, or of the United States, the same shall not thereby become a foreign corporation, but the courts of this State shall retain jurisdiction in all matters which may arise as if said consolida- tion had not taken place. In nu case shall any consolidation take place, except upon public notice of at least sixty days to all stockholders, in such manner as may be provided by law. " Sec. — . The Legislature shall pass no law for the benefit of railroad or other corporations, or any individual or association of individuals, whether retrospective, curative or confirmatory in its operation, which imposes on the people of any county or municipal sub-division of the State, a new liability in respect to transactions or considerations already past. " Sec. — . No law shall be passed by the Legislature granting the right to construct and operate a street railroad within any city, town, village, or on any public highway, without first ac- 90 JOURNAL OF THE \Sept, 13, 1875. quiring the consent of the local authorities having control of the street or highway proposed to be occupied by such street rail- road : and the franchises so granted shall not be transferred with- out similar assent first obtained. ^' Sec. — . No railroad corporation in existence at the time of the adoption of this constitution, shall hav^e the benefit of any future legislation, except on condition of complete acceptance of all the provisions of this constitution applicable to railroads. " Sec. — . Xo president, director, oflicer, agent, or employe of any railroad company, shall be interested, directly or indirectly, in furnishiug material or supplies to such company, or in the business of transportation as a common carrier of freight or pas- sengers over the works owned, leased, controlled or worked by such company. '' Sec. — . Xo discrimination in charges or facilities in trans- portation, shall be made between transportation companies and individuals, or in favor of either, by abatement, drawback or otherwise ; and no railroad company, or any lessee, manager or employe thereof, shall make any preferencje in furnishiug cars or motive power. " Sec. — . No railroad or other transportation company shall grant free passes or tickets, or passes or tickets at a discount, to members of the general assembly, judges of courts, or any State, or county, or municipal ofiicer; and the acceptance of any such pass or ticket, by a member of the Legislature, or any such oflicer, shall be a forfeiture of his oflice." Heferred to Committee on Railroad Corporations. Mr. Robertson, of Bell, oflered the following resolution : Ilesoloed^ That the Committee on General Provisions be re- quested to incorporate in the constitution, under the appropriate caption, the following : " That tlie salary of the Governor shall be four thousand dol- lars per annum. " Commissioner of the General Land Oflice, Comptroller of Public Accounts and Secretary of State, shall each receive a salary of three thousand dollars per annum. "The Attorney General shall receive a salary of two thousand dollars per annum, with such fees as may be allowed by law. " The District Attorneys shall each receive a salary of five hun- dred dollars per annum, with such fees as may be allowed by law. "That the Superintendents of the Lunatic,J Deaf and Dumb, and Blind Asylums, shall each receive the sum of twenty-five hundred dollars per annum.'' Sept. 13, 1875. 1 CONSTITUTIONAL CONVENTION. 91 Referred to Committee on General Provisions. Mr. Russell, of Harrison, offered the following resolution : Resolved^ That the following provisions shall be incorporated in the constitution : " That it shall be the duty of the Legislature to provide by law for the publication of all forced sales decreed by any court in this State, or under execution, in some newspaper which will give the greatest publicity to the same in the county where the property is to be sold. Referred to Committee on General Provisions. Mr. Wade offered the following resolution : Eesolved^ That a clause be placed in the constitution requir- ing the Legislature, at its first session, after its adoption, to repeal all superfluous laws, revise, condense, and provide for the speedy digesting of the laws of the State, and that such session shall be held every tenth year thereafter. 2. That a copy of the laws thus revised and digested shall be furnished one voter in every ten throughout the State, to be selected or appointed by the Coanty Court of each county. Referred to Committee on General Provisions. Mr. Douglass oflered the following resolution : Resolved^ Any member of either house shall have liberty to dissent from, or protest against any act or resolution which he may think injurious to the public or an individual, and have the reason for dissent entered on the journals. Referred to Committee on Legislative Department. Mr. Allison oflered the following resolution : Resolved^ That the Judiciary Committee inquire into the ex- pediency of declaring theft felony only when the amount stolen exceeds dollars. Resolved, That owing to the great and increasing costs and expense of District Courts, the Judiciary Committee inquire into the expediency of enlarging the jurisdiction of Justices of the Peace in civil cases, and also in criminal cases not amount- ing to felony. Referred to Committee on Judiciarj-. Mr. Moore introduced the following, to become a clause in the Bill of Rights : " The sov^ereign power of this State is inherent in, resides, and remains with the people there(jf The government which they create is but an agent, under the limitaHons thereof, for the expression of this sovereignty. And it f )llows from this funda- mental and inalienable principle, that there is no power in the government, by grant or contract, to confer upon any individual 92 JOURNAL OF THE {Sept. 13, 1875. or association of individuals immunities, emoluments or fran- chises which shall not be subject to the control of the sover- eignty of the people for their safety and happiness." Referred to Committee on Bill of Rights. Mr. Ferris oifered the following resolution : Resolved^ That the following provisions be inserted in the con- stitution : " Sec. — . The Legislature shall provide such revenue as may be needful, by levying a tax, by valuation, so that every person and corporation shall pay a tax in proportion to the value of his, her, or its property. Sach value to be ascertained by some per- son or persons, to be elected or appointed in such manner as the Legislature shall direct, and not otherwise ; but the Legislature shall have power to tax peddlers, auctioneers, brokers, hawkers, bankers, merchants, commission merchants, showmen, jugglers, inn-keepers, grocery-keepers, liquor dealers, toll bridges, ferries, insurance, telegraph and express interests or business, vendors of patents, circuses, keepers of billiard tables and games, and per- sons or corporations owning or using franchises and privileges, in such manner as it shall from time to time direct by general law, uniform as to the class upon which it operates. " Sec. — . The specification of the objects and subjects of taxation shall not deprive the Legislature of the power to require other subjects or objects to be taxed, in such manner as may be consistent with the principles of taxation fixed in this constitution." Referred to Committee on Revenue and Taxation. Mr. Brady offered the following resolution : Resolved.^ That the following be incorporated in the constitu- tion : " Sec. -— . Every citizen of the United States, and every per- son of foreign birth, who may have declared his or her intention to become a citizen of the United States, according to law, not less than one, nor more than five years before he or she offers to vote, who is twenty-one years old, or older, at the time of the election, and ])ossessing the following qualifications, shall be enti- tled to vote at all elections by the people : " First — He or she shall have resided in the State at least one year immediately preceding the election at which he or she offers to vote. " Second — He or she shall have resided in the county, city or town where he or she ofiers to vote, at least sixty days imme- diately preceding the election." Referred to Committee on Suffrage. Sept. 13, 1875.] CONSTITUTIONAL CONVENTION. 93 Mr. Kentfro introduced the following resolution : Resolved^ That the following provision be incorporated in the State constitution under its appropriate caption : " Sec. — . Every male citizen of this State who shall have attained the age of twenty-one years, shall, under the exceptions contained in this constitution, be eligible to any office of any character whatsoever provided for by this constitution." Eef erred to Confimittee on Bill of Eights. Mr. Flournoy offered the following resolution : Resolved., That the following be adopted as a part of the con- stitution : ''Article — . Section — . The maximum charges for freight and passage on all railroads now in operation or hereafter to be operated in the State of Texas, shall be at the rate of five dollars per ton per one hundred miles for freight, and three cents per mile for pas- sage. The Legislature shall never increase, but may at any time reduce the above named maximum rates, in whole or in part, and it shall be their duty to do so whenever consistent with jus- tice to the companies owning such railroads, always allowing them reasonable compensation. "All railroad companies now in operation in the State of Texas are required, within ninety days after the adoption of this constitution by the people, to file in the office of the Secretary of State, an acceptance of the provisions of the first section of this article ; and if any such company or companies shall fail to file such acceptance within the time above prescribed, then the Legislature shall never thereafter grant any relief, aid or assist- ance in any form whatever to any company so failing. " Nevertheless such company, as all other railroad companies in Texas, shall be subject to civil remedies, and the officers, agents and employes thereof to the criminal prosecutions here- inafter contemplated. "Beside the civil remedy of the State and of any person aggrieved by a violation of the provisions of section 1 of this article, the Legislature shall, at its first session after the adoption of this constitution by the people, and at subsequent sessions as needed, pass such laws as may be applicable, providing for the punishment criminally of any officer, agent or employee of any railroad company, w^ho shall demand or receive, in any manner whatsoever, a larger sum or compensation for freight or passage, than that fixed in the first section of this article, or than that that may hereafter be fixed by the Legislature. " In addition to the general oath prescribed for members of the 94 JOURNAL OF THE {Sept. 14, 1875. Legislature, each member thereof shall, before entering upon his duties as such, be also required to swear that he will, while a member of the Legislature, faithfully endeavor to provide for the strict enforcement of the lirst, second, and third sections of this article." Referred to the Committee on Railroad Corporations. The President announced the followinsr standino- Committee on Ordinances : Messrs. Stockdale, Stayton, Wade, Brown, Cook of San Saba, Smith, Davis of Brazos. Mr. Henry, of Smith, moved to add Mr. Nunn to Committee on Judiciary. Carried. Mr. King moved to add Mr. Cooley to Committee on Counties and Count}' Lands. Carried. Mr. Dohoney mov^ed to add Johnson, of Franklin, to Com- mittee on General Provisions. Carried. Mr. Flanagan moved to add Mr. Brady to Committee on Ap- portionment. Carried. Mr. Ford mov^ed to add Mr. Murphy to Committee on Judi- ciary. Carried. Mr. Brown moved to adjourn to 9 o'clock a. m. to-morrow. Carried. EIGHTH DAY. Hall of Representatives, ) ArsTiN, Texas, September 14, 1875. j Convention met pursuant to adjournment ; roll called ; quo- rum present. Prayer by Rev. Mr. Talliaferro. Journals read and adopted. The President announced the following Committee on Old Land Titles and Mexican Grants. Messrs. Reagan, AVright, Robertson of Bell, Bal linger, Henry of Smith, West and Ferris. Mr. Ford oifered the following resolution : Resolved., That the following be incorporated as a provision of the constitution : Sept. 14, 1875.J CONSTITUTIONAL CONVENTION. 95 " Judges of the Supreme Court and of the District and Crimi- nal Courts, and the judges of any court of record which may be created or established by law in pursuance of this constitution, are prohibited from taking an active part in the discussion of political questions, and from becoming active partisans in the election of Federal, State, district and county officers, during their respective terms of office. Any judge of any court of record who shall during his term of office violate the provisions of this clause, shall, upon conviction, be removed from office. The Legislature, during their first session after the adoption of this constitution, shall pass a law providing for the speedy trial of any judge so offending." Referred to Committee on Judiciary. Mr. Norvell offered the following resolution : Besolved^ That the following shall be Article — of the con- stitution : " Article — . " judicial department. " Section 1. The judicial power of this State shall be vested in one Supreme Court, in District Courts, and in such inferior courts as the Legislature may from time to time establish ; and such jurisdiction may be vested in corporation courts as may be deemed necessary, and be directed by law ; promded^ that no judge of any court, except those of the Supreme and District Courts, shall receive a salary from the State. " Sec. 2. The Supreme Court shall consist of a Chief Justice and two Associated Justices, any two of w4iom shall form a quorum. " Sec. 3. The Supreme Court shall have appellate jurisdiction only, which shall be co-extensive with the limits of the State ; but shall not extend to or embrace cases of misdemeanor or interlocutory judgments ; nor shall it extend to or embrace cases commenced in any other court except the District Court, and such cases relating to the estates of decedents and wards com- menced in the Probate Court and brought into the District Court by appeal or certiorari, as nxay be designated by law. And the Supreme Court and the judges thereof shall have power to issue the writ of habeas corpus, and under such regulations* as may be prescribed by law may issue writs of mandamus, and such other writs as shall be necessary to enforce its own jurisdiction, and also to compel a judge to proceed to trial and judgment in a cause. And the Supreme Court shall hold its sessions once every year at not more than three places in the State. " Sec. 4. The Supreme Court shall appoint its own clerk, 96 JOURNAL OF THE {Sept. 14, 1875. who shall hold his office for four years, and be subject to removal by the said court for neglect of duty, misdemeanor in office, and such other causes as may be prescribed by law. " Sec. 5. The Judges of the Supreme and District Courts shall be elected by the qualified electors of the State, in the manner prescribed by law. The Judges of the Supreme Court shall hold their offices for six years, and the Judges of the District Court shall hold theirs for four years ; provided^ the election for District Judges shall be confined to their respective Districts. " Sec. 6. The State shall be divided into twenty-four Judicial Districts, w^hich number shall not be increased previous to the expiration of four years from the first general election under this Constitution, but may thereafter be increased not exceeding two Districts within each succeeding period of four years ; jn^o- mded^ the Legislature shall have power to change the Judicial Districts whenever they may deem it expedient. For each Dis- trict there shall be elected a Judge, who shall have resided in the State for three years next preceding his election, and in the District for one year next preceding his election, and who shall continue to reside in the District during his term of office, and hold the Courts at one place in each county not less than twice in each year, in such manner as may be prescribed by law. '' Sec. 7. The Judges of the Supreme Court shall have resided in the State for five years next preceding their election, and shall receive a salary not less than three thousand five hundred dollars annually, and the Judges of the District Court a salary not less than two thousand five hundred dollars annually, and the sala- ries of the Judges shall not be increased or diminished during their continuance in office. " Sec. 8. The Judges of the Supreme and District Courts shall be removed by the Governor on the address of a majority of each House of the Legislature, for willful neglect of duty, misconduct, habits of drunkenness, oppression in office, incom- petency, or other reasonable cause which shall not be sufficient ground for impeachment ; jyramded^ hoicever., that the cause or causes for which such removal shall be required, shall be stated at length in such address, and entered on the journals of each house ; and 2>^'0'oided further^ that the cause or causes shall be notified to the Judge so intended to be removed ; and he shall be admitted to a hearing in his own defense before any vote for such address shall pass; and in all such cases the vote shall be taken by yeas and nays, and entered on the journals of each house respectively. " Sec. 9. All Judges of the Supreme and District Courts Sept. 14, 1875.J CONSTITUTIONAL CONVENTION. 97 Bliall, by virtue of their offices, be conservators of the peace throuorhout the State. The style of all writs and process shall be ' The State of Texas.' All prosecutions shall be carried on in the name and by the authority of the ' State of Texas,' and conclude, ' against the peace and dignity of the State.' " Sec. 10. The District Court shall have original jurisdiction of all criminal cases, of all suits in behalf of the State to recover penalties, forfeitures, and escheats, and of all cases of divorce, and of all suits, complaints, and pleas whatever, without regard to any distinction between law and equity, when the matter in controversy shall be valued at or amount to two hundred and fifty dollars, exclusive of interest ; and the said courts or the judges thereof, shall have power to issue all writs necessary to enforce their own jurisdiction and give them a general superin- tendence and control over inferior jurisdictions. And in the trial of criminal cases the jury trying the same shall find and assess the amount of punishment to be infiicted, or fine to be imposed ; except in cases where the punishment inflicted or fine imposed shall be specifically fixed by law. The District Court shall also have appellate jurisdiction in criminal cases originating in inferior courts, with such exceptions, and under such regula- tions as the Legislature may prescribe. " Sec. 11. There shall be a Clerk of the District Court for each county, who sliall be elected by the qualified voters, and who shall hold his office for two years, subject to removal by in- formation, or by presentment of a grand jury and conviction by a petit jury. In case of vacancy, the Judge of the District shall have the power to appoint a clerk for the unexpired term. The Clerk of the District Court shall be Recorder for the county, and ex-qfficio Clerk of the Probate and County Court. " Sec, 12. There shall be elected by the qualified electors of the State, an Attorney General for the State, and a District Attorney for each judicial district, who shall hold their offices for tvvo years : j^ovided^ That the election for District Attor- neys shall be confined to their respective districts. The Attorney General shall receive an annual salary not less than two thousand dollars, and the District Attorneys, each, an annual salary not less than five hundred dollars, which shall not be increased or diminished during their continuance in office. " Sec. 13. There shall be elected in each county, by the quali- fied voters, one Sherifi*, who shall hold his office for two years, and be commissioned by the Governor. Vacancies in the office of Sherifi" shall be filled by election for the unexpired terra. 98 JOURNAL OF THE [Sept. 14, 1875. " Sec. 14. Each county shall be divided into five justice's pre- cincts. There shall be elected in each county, by the qualified voters, five Justices of the Peace, one of whom shall reside, after his election, at the county seat, and shall be the Chief Justice ; and no two of said justices shall reside in the same justice's pre- cinct. They shall hold their offices for two years, be commis- sioned by the Governor, and should a vacancy occur, an election shall be held for the unexpired term. " Sec. 15. There shall be elected in each county, by the quali- fied voters, as may be directed by law, one constable for each justice's precinct, wlio shall hold his office for two years ; and the constable shall perform the duties required by law. Vacan- cies in the office of constable shall be filled by election for the unexpired term. " Sec. 16. There shall be in each county of the State a Pro- bate Court, one term of which shall be held by the Chief Jus- tice, at the county seat, in each month. The Pro])ate Court shall have jurisdiction for appointing guardians, for the probate of wills, for granting letters testamentary, and of administra- tion, for settling the accounts of executors, administrators, and guardians, and for the transaction of business appertaining to estates ; and the District Courts shall have original and appellate jurisdiction, and general control over said Probate Court, and original jurisdiction and control over executors, administrators, guardians, and minors, under such regulations as may be pre- scribed by law. " Sec. 17. Justices of the peace shall have concurrent juris- diction with the District Court of all misdemeanors, and such civil jurisdiction as shall be provided by law. The Justices of the Peace in each county, or any three of them, shall constitute the County Court, with such jurisdiction over the local att'airs, interests, and police matters in the county, as the Legislature shall prescribe. Justices of the Peace shall be, ex-ojDi.cie^ Nota- ries l^ublic. They shall also perform the duties of Coroner, exce])t such as may, by law, be devolved u]ion Constal)les. " Sec. 18. No judge shall sit in any case wherein he may be interested, or where either of the ])arties may be connected with him by affinity or consanguinity, within such degree as may be prescribed by law, or where he shall have been of counsel in the cause. When the Su]»r('nie Court, or any two of its members shall be thus disqualified to hear and determine any cause or causes in said court, or when no judgment can be rendered in any case or cases in said court, by reason of the equal division of opinion of said judges, the same shall be certified to the Gov- Sept. 14, 1875.J CONSTITUTIONAL CONVENTION. 99 ernor of the State, who shall immediately commission the requisite number of persons learned in the law for the trial and determination of said case or cases. AV^hen the Judges of the District Court are thus disqualified, the parties may, by consent, appoint a proper person to try the said case ; and the judges of the said courts, may exchange districts, or hold courts for each other, when they may deem it expedient, and shall do so when directed by law. The disqualification of judges of inferior tri- bunals, shall be remedied as may be prescribed by law. " Sec. 19. Should a vacancy occur in the ofiice of Supreme or District Judge, Attorney General or District Attorney, the same shall be filled by election for the unexpired term. " Sec. 20. Sherifts, Clerks of the District Court, and Justices of the Peace shall receive such fees or other compensation as may be provided by law. ^' Sec. 21. Each qualified voter in a county shall also be a qualified juror in the county, provided he be a freeholder in the State. *' Sec. 22. In the trial of all causes in equity in the District Court, the plaintift' or defendant shall, upon application in open court, have tlie right of trial by jury, to be governed by the rules and regulations prescribed in trials at law. " Sec. 23. In all causes arising out of a contract, before any inferior judicial tribunal, when tlie amount in controversy shall exceed ten dollars, the plaintifi" or defendant shall, upon applica- tion to the presiding officer, have the right of trial by jury. '' Sec. 21. In all cases where Justices of the Peace or other judicial ofiicers of inferior tribunals, shall have jurisdiction in the trial of causes, where the penalty for the violation of a law is fine or imprisonment (except in cases of contempt), the accused shall have the right of trial by jury." Referred to Committee on Judiciary. Mr. Brady ofiered the following resolution : Whereas, The Hon. M. IT. Goddin, a delegate to this Con vention from the Fifteenth Senatorial District, has tendered his resignation as such delegate, thus causing a vacancy in the repre- sentation in said district ; therefore Resolved^ That the President of this Convention be and he is hereby instructed to order an election to be held in said dis- trict, to fill said vacancy caused by the resignation of the Hon. M. H. Goddin, in ten days from the passage of this resolution. Referred to a select committee of three. Mr. Brown offered the following resolution : Resolved^ That the Committee on Railroad Corporations be 100 JOURNAL OF THE {Sept. 14, 1875. instructed to consider the propriety of requiring that no railroad or part of railroad hereafter constructed in this State, shall pass within three miles of a county seat without passing through and maintaining a depot in such town, unless prevented from so doing by natural obstacles, such as hills, mountains or streams, the truth of which shall be a judicial question. Referred to Committee on Railroad Corporations. Mr. Brown also oft'ered the following- resolution : Resolved^ That the Committee on Revenue and Taxation be instructed to take into consideration the propriety of providing that all taxes on lands in this State, not situated in an organized county, shall be assessed and collected, under uniform provisions of law, by the Comptroller, at the seat of government. Referred to Committee on Revenue and Taxation. Mr. Haynes offered the following resolution : Resolved^ That the Legislature shall pass no law requiring the citizens of this State to pay a tax or license to sell their produc- tions in any market in the State, nor grant to any corporation the power to pass such laws or ordinances. \,^ Referred to Committee on Revenue and Taxation. Mr. Gaither offered the following resolution : Resolved^ That the following clause shall be inserted in the next State constitution : " That no separate Criminal Court shall be created in any county in the State of Texas unless said county contains at least twenty-five thousand inhabitants." Referred to Committee on Judiciary. Mr. Nunn offered the following resolution : Resolved^ That tlie Attorne}^ General be and he is hereby requested to furnish to this Convention such information as to the amount and character of the business in the courts of this State as may be in his possession, and that the same be referred to the committee tor dividing the State into judicial districts. Adopted. The following is the report of special committee : Convention Hall, ) Austin, September 14, 1875. \ To the IL/ti. E. B. J^irl'ett^ President of the Convention : The special committee to wliicli was referred a resolution "to ascertain and report to this Convention on Monday next, or as soon as practicable, whether a stenographer can be secured to report the full proceedings of this Convention, and if one can be obtained, at what cost per day," beg leave to report that they have performed that duty, with the following result : Sept. 14, 1875.] CONSTITUTIONAL CONVENTION. 101 That the services of Mr. George Gibbons can be obtained at ten dollars per day, confining his services to the report of the debates. Your committee would suggest that in connection with this report of debates, it would be essential to have a condensed report of the journals, which would have to be made by the journal clerk, as it would be impracticable for the stenographic reporter to do more than take notes and write out debates. The committee recommend the passage of the accompanying resolution. All of which is respectfully submitted. E. S. C Robertson, Chairman. Resolved^ That the services of Mr, Geo. Gibbons be engaged at ten dollars per day, to report the debates of the Convention, and 'that the Committee on Printing be authorized to contract for the publication of the same. Lost. Mr. Fleming offered the following resolution : Resolved^ That the following section be incorporated in the constitution, under its appropriate caption : " That no officer of this State nor of any county, city or town, shall receive directly or indirectly, for salary, fees and perquisites more than five thousand dollars net profit per annum, and any and all sums in excess of this amount shall be paid into the State, county, city, or town treasury, as shall hereafter be directed by appropriate legislation." Referred to the Committee on Legislative Department. Mr. West ofifered the following resolution : Resolved^ That the Committee on Federal Relations be, and are hereby, instructed to inquire into, and as far as practicable to ascertain, the condition of our Mexican and Indian frontiers ; the character and extent of depredations on the persons and property of the people of this State ; by whom done and whether with the sanction or acquiescence of any foreign government ; whether the depredators, by the character of their arms or cloth- ing, have the appearance of having any official position, and if so, under what government; and where and in what manner they seek refuge ; as well as the disposition made of property, if any, taken by such parties. Also as to our Indian frontier, whether and what character of depredations have been committed on the settlers ; by what Indians ; and whether attributable to mismanagement or infidel- ity of officers in charge of that service ; and, also, as to the amount in value and character of the property lost by our citi- 102 JOURNAL OF THE {Sept. 14, 1875. zens, whether by depredations on the Mexican or Indian border ; as also the expenses incurred by the State of Texas in giving protection to her citizens against such depredations ; and, also, to obtain from the Executive and Adjutant General's office all the information on these matters that they can. Referred to Committee on Federal Relations. Mr. Johnson, of Collin, offered the following resolution: Resolved^ That every person who has or shall have right of entry into any real estate, consisting of lands, tenements or hereditaments, shall make entry therein within two years next after this right shall have accrued ; and, on failure so to do, shall be forever barred thereafter ; j^>r(9y^^6(/, that married women, infants, insane persons, and all others laboring under a disability to sue, shall have two years in which to make entry next after their disabilities shall have been removed. Referred to Committee on General Provisions. Mr. Russell, of Harrison, offered the following resolution : Resolved^ That the following provision be incorporated in the constitution, viz : " That there shall be elected by the qualified voters of each J udi- cial District in this State one District Judge, who shall, in addition to other qualifications, be a man of good moral character and a resi- dent citizen of the district two years next preceding his election ; shall have attained the age of thirty-five years, and shall have been a licensed practicing lawyer in this State for the ten years next preceding his said election ; that the tenure of said office shall be for the term of (8) eight years, and the annual salary of the same shall be the sum of dollars, and shall not be in- creased or diminished during said term." Referred to Committee on Judiciary. Mr. DeMorse offered the following resolution : Resolved^ That the following be refeiTed to the Committee on the Judicial Department : Adjudication of civil causes by the courts shall be based upon the principle that while it is the duty of the State to provide tribunals for the settlement of difficulties, it is not just that the State, as a political body, or that individuals not personally in- terested, should bear the cost of adjudication. Referred to Committee on Judiciary. Mr. Wackier offered the following resolution : Resolved^ That the Committee on Judiciary inquire into the expediency of providing not less than two terms of the District Court in each county, but authorizing and requiring the Legisla- ture to fix more than two terms for such counties as may, b}^ Sept 14, 1875. 1 CONSTITUTIONAL CONVENTION. 103 reason of their populations, or for other causes, require it — thus leaving the number of terms to be held in each county to be so regulated by the Legislature as to meet the wants of the several counties. Referred to Committee on Judiciary. Mr. Dohoney offered the following resolution : Resolved^ That the Committee on the Legislative Department be instructed to inquire into the expediency of inserting a pro- vision in the Constitution, inhibiting the Legislature from pass- ing any law to license the sale of intoxicating liquors as a beverage. Referred to Committee on Legislative Department. Mr. Flournoy offered the following resolution: Resolved^ That the Courts of this State shall not, hereafter, entertain any claim to real estate which originated from the States of Coahuila and Texas, or from the Republic of Texas, unless the evidences of title to such real estate shall have been of record in the county where the same is situated, or in one of the counties from which the county in which the same is situated has been organized for more than ten years preceding the 1st day of January, 1S75. Referred to select committee of seven on Old Lands, Land Titles, etc. Mr. Kilgore offered the following resolution : Resolved^ That section — , Bill of Rights of the proposed new Constitution, shall read as follows : " Section — . Private property shall not be taken for public purposes without just compensation iirst made or secured to the owner thereof, as soon as the actual damage and the value of the property taken can be ascertained by arbitrators selected according to law, who shall not take into consideration any advantage that may result to said owner on account of the im- provement for which it is taken. Referred to Committee on Bill of Rights. Mr. Ballinger offered the following resolution : Resolved^ That the Committee on the Judicial Department insert the following sections in the articles of the constitution on the Judicial Department : " Section — . When any Judge of a District Court shall fail to attend to hold court at the beginning, or at any time during the term appointed by law, a failure to hold or continue the session of said court shall not be caused thereby ; but the practising lawyers in attendance on said court shall thereupon proceed to elect one of their number who shall be the Judge of said court. 104 JOURNAL OF THE {Sept 14, 1875. take oath as such, and have and perform all the duties of judge for the term of said court, while the regular Judge continues absent. " Sec. — . When any District Judge or any special judge of a District Court, as provided in the preceding section, shall be disqualified from trying any cause on the docket of said court, no change of venue, on account of such disqualification shall be necessary, but on the call of such cause the parties shall agree to a special judge to try and make all orders in the same, or on failure so to agree, the practising lawyers in attendance on the court shall elect one of their number w^ho shall take the oath and be the lawful judge in said cuase." Referred to Committee on Judiciary. Mr. Smith oflfered the following resolution : Resolved^ That the Committee on Education be instructed to inquire into the propriety and utility of incorporating in the con- stitution the following provisions : " Section — . The Legislature shall establish and maintain a State University as soon as the university fund will permit ; also, establish and maintain one school of a high grade of learning, and such primary schools in each county in this State as will insure the gratuitous instruction of all persons in this State within the scholastic age prescribed by law. " Sec. — . The President of the University shall be the Presi- dent of the 'Board of Education,' and shall have the supervision and control of public instruction throughout the State, in such manner and under such restrictions as the Legislature may pre- scribe. '' Sec. — . The moneys and lands heretofore granted, or which may hereafter be granted, for the endowment and support of a university, shall constitute a special fund for the endowment and maintenance of said university : and the Legislature shall not have power to appropriate the university fund, nor the inter- est thereon, for any other purpose than the endowment and sup- port of said university. " Sec. — . The proceeds arising from the sale or rent of county public school lands shall be expended for the use of public schools in the county to which the lands belong, in such manner as the Legislature may direct. " Sec. — . All the lands heretofore, or which may hereafter be, set apart by the Legislature for public schools, aud all moneys, bonds and other property now belonging to the public school fund, all lands escheated to the State, the net proceeds from sales of estrays, unclaimed dividends or distributive shares of the estates Sept. 14, 1875.J CONSTITUTIONAL CONVENTION. 105 of deceased persons, or from fines, penalties and forfeitures, all gifts, grants or devises that may hereafter be made to this State, and not otherwise appropriated by the terms of the grant, shall be sacredly preserved as a public school fund and faithfully appropriated in the manner prescribed by law to establish and maintain free public schools in this State, and for no other pur- pose ; provided^ That the proceeds arising from sales of estrays or from fines, penalties and for forfeitures shall be appropriated in the counties where the sales are made, and the lines and for- feitures are collected. *' Sec. — . The Legislature shall, as soon as the public funds are sufficient, carry into effect the provisions of this constitution by appropriate legislation." Referred to Committee on Education. Mr. King offered the following resolution : Resolved, That the committee on the Executive Department be instructed to inquire into the expediency of incorporating into the constitution the following provision : *' Every bill which shall have passed both houses of the Leg- islature shall be presented to the Governor ; if he approve, he shall sign it, but if not, he shall return it with his objections to the house in which it shall have originated, who shall enter the objections at large upon the journals and proceed to reconsider it ; if, after such reconsideration, two-thirds of the members present shall agree to pass the bill, it shall be sent, with the objections, to the other house, by which it shall likewise be re- considered; if it shall be approved by two-thirds of the mem- bers present of that house, it shall become a law ; but in such cases the votes of both houses shall be determined by yeas and nays, and the names of the members voting for or against the bill shall be entered on the journals of each house respectively. If any bill shall not be returned by the Governor w^ithin ten days (Sundays excepted) after it shall have been presented to him, the same shall be a law in like manner as if he had signed it, unless the Legislature shall, by their adjournment, prevent its return, in which case it shall not become a law without the ap- proval of the Governor. No bill shall become a law after the final adjournment of the Legislature, unless approved by the Governor within thirty days after such adjournment. If any bill presented to the Governor contain several items of appro- priation of money, he may object to one or more of such items, while approving of the other portion of the bill. In such case he shall append to the bill, at the time of signing it, a statement of the items to which he objects; and the appropriation so 106 JOURNAL OF THE \Sept. 14, 1875. objected to shall not take effect. If the Lecijislatare be in session he shall transmit to the house in which the bill originated a copy of such statement, and the items objected to shall be sepa- rately reconsidered. If on reconsideration one or more of such items be approved by two-thirds of the members of each house present, the same shall be a part of the law notwithstanding the objections of the Governor. "All the provisions of this section in relation to bills not ap- proved by the Governor shall apply in cases in which he shall withhold his approval from any item or items contained in a bill ap])ropriating money." Referred to Connnittee on Executive Department. Mr. Wade offered the following resolution : Resolved., That for judicial purposes the State be divided into three supreme districts, and that each supreme district be divided into seven sub-districts ; each supreme district shall elect one Supreme Judge and seven District Judges, who shall be residents of the supreme districts and take tlieir districts by lot and hold their office six years. Referred to Committee on Judiciary. Mr. Holmes offered the following resolution : liesolved^ That there be added to the eleemosynary institutions of the State an ineVjriates' asylum, for the cure of drunkenness and the reform of inebriates ; the revenue necessary for the sup- ])ort of the same to be collected from the liquor dealers of the State, under the name of the Inebriates' Asylum tax, which tax shall be known as occupation tax. Referred to Committee on General Provisions. Mr. Cooley offered the following resolution : Resolved^ That the following shall constitute a part of the pro- posed constitution, to-wit : " Sec. — . It shall be the duty of the Legislature, whenever necessary, to provide adecjuate protection for the persons and property of all citizens of this State against incursions, attacks and de})redations by Indians and the inhabitants of any foreign State ; and, for this ])urpose, the Legislature may incur indebted- ness, borrow money and make appropriation thereof in such sum or sums as may be required." Referred to Committee on Legislative Department. The President announced the following committee on Mr. Brady's resolution to fill vacancy occasioned by resignation of Mr. Goddin . Messrs. Brady, Davis and Flournoy. Mr. German offered the following resolution : Sept 14, 1875.J CONSTITUTIONAL CONVENTION. 107 Resolved^ That the Committee on Education be required to inquire into the propriety of including the lands set apart for the purpose of building two universities and the proceeds of the sale thereof as a part of the permanent school fund for tlie purpose of keeping up public schools. Referred to Committee on Education. Mr. Martin, of Hunt, oifered the following resolution: ResoJwed^ That the Committee on Federal Relations be in- structed to ascertain the amount of money expended for the de- fense and protection of the frontier by this State since its admis- sion into the Union under the present constitution, and to report to this Convention such proceeding as it may deem necessary and proper, to have the same reimbursed by the Government of the United States. Referred to Committee on Federal Relations. Also by Mr. Martin, of Hunt, the following resolution : Resolved^ That the Conimittee on Legislative Department be instructed to inquire into the expediency of incorporating a pro- vision in the constitution requiring the Legislature to establish by law a Board of Equalization in the several counties of this State, whose duty it shall be to equalize and make uniform the taxes on real estate. Referred to Committee on Legislative Department. Mr. Weaver offered the following resolution: Whereas, A number of resolutions have been introduced par- tially disfranchising all the members of this Convention, there- fore, in order to be impartial and make a clean sweep of all (chaplains excepted) connected with this body, be it Resolved^ That neither one of the secretaries, sergeant-at- arms, door-keepers, or any officer or appointee of this Conven- tion, nor any newspaper reporter of the same, shall hold any office until five years after the adoption of this constitution ; and not then unless he is elected by the sovereign people. Referred to Committee on General Provisions. BUSINESS ON THE PRESIDENT'S DESK. Whereas, The sergeants-at-arms have no time to assist the door-keeper ; and, whereas, the door-keeper is not able to attend to all the duties devolving upon him, therefore, be it Resolved^ That this body proceed at once to the election of an assistant door-keeper, who shall have the same pay as door- keeper. September 13th, taken up and referred to a special committee of three, consisting of Messrs. Kilgore, Brown and West. Mr. Flournoy moved to reconsider the vote refusing to adopt 108 JOURNAL OF THE {Sept. 15, 1875. the resolution by Mr. Eobertson, of Bell, concerning the employ- ment of a phonographic reporter. Mr. Mills offered the following amendment : That said phonographer shall report said debates in a round, legible hand, ready for the printer, without additional charge. Mr. Allison moved to postpone action on the question until to-morrow. Lost. The amendment of Mr. Mills was then adopted. The resolution was then adopted. On motion of Mr. Henrj^ Mr. Ramey was added to the Com- mittee on Legislative Department. Carried. Mr. Robertson, of Bell, moved to add Mr. Henry, of Lime- stone, to the Committee on Taxation and Revenue. Mr. Dohoney moved to add Mr. Rugely to the Committee on Legislative Department. Carried. Mr. Russell, of Harrison, moved to add Mr. Holmes to the Committee on General Provisions. Carried. Mr. King moved to adjourn to 9 o'clock a. m. to-morrow. Carried. NINTH DAY. Hall of Representatives, Austin, Texas, September 15, 1875. Convention met pursuant to adjournment ; roll called ; quo- rum present. Prayer by Rev. Dr. Dodge. On motion of Mr. Ferris, Mr. Smith was excused from attend- ance on account of sickness. Journals read and adopted. The following is the report from Committee on Printing and Contingent Expenses : To the Hon. E. B. Pickett., President of the Convention : Your Committee on Printing and Contingent Expenses having received a proposal from Messrs. C. Yon Boeckmann & Son to print the constitution, al^out to be framed, in the German lan- guage, in pamphlet form, small pica type, including translation, at the rate of one-third of one cent (^c.) per page, nave had the same under consideration and have instructed me to report : Sept 15, 1875.J CONSTITUTIONAL CONVENTION. 109 " That they consider the proposal a reasonable one, and in as much as many German citizens of the State are unable to read the English language, they recommend that three thousand copies of the constitution be printed in the German language, and that the contract for doing sucli printing be awarded to said C. Von Boeckmann ife Son. '' W. D. S. Cook, Chairman." Report was adopted. Mr. Cook, of Gonzales, from Committee on Printing, asked leave for his committee to retire. Permission granted. Mr. Weaver moved to reconsider the vote adopting report from Committee on Printing, just taken, to print three thousand copies of the constitution in the German language. Mr. Rentfro moved to lay the motion on the table. Carried. The following is the report from the Special Committee : To lion, E. B. Pickett^ Prendent of the Cmivention : The select committee to whom was referred the resolution to elect an Assistant Door-keeper for the Convention beg leave to re- port that they have had before them the Sergeant-at-arms and other officers under him, and having inquired fully into the matter, are satisfied there is no necessit}" for an Assistant Door- keeper. The officers now are Sergeant-at-arms, Assistant Ser- geant-at-arms, Door-keeper and three porters, which the Ser- geant-at-arms informs the committee are ample to do the work without further addition. Indeed, he has already made the ar- rangements necessary to have the duties incumljent on the offi- cers on tlie floor of the Convention performed promptly and efficiently, and so distributed as not to be specially burdensome on any one of them. We therefore recommend that the resolu- tion do not pass. Kilgore, Brown, of Dallas, West. Adopted. The following is the report from Select Committee on Peso lutions providing for an election in the Fifteenth Senatorial Dis- trict : Committee Room, ) Austin, September 15, 1875. j To the Ilcm. E. B. Pickett^ President of the Convention : Sir — Your select committee to whom was referred the resolu- tion providing for an election in the Fifteenth Senatorial Dis- trict, to fill the vacancy caused by the resignation of the Hon. 110 JOURNAL OF THE {Sept. 15, 1875. M. H. Goddin, of Walker county, have had the same under ad- visement, and respectfully ask leave to report the following reso- lution and recommend its adoption : Resolved^ That a vacancy having occurred in the representa- tion of the Fifteenth Senatorial District in this Convention by the resignation of the Hon. M. H. Goddin, of Walker county, His Excellency the Governor be and is hereby authorized and requested to order an election to be held in said district to fill said vancancy on Saturda}^ the 25th day of September, 1875. Respectfully, E. W. Brady, Chairman, for Committee. Mr. McCormick ofiered the following substitute : Whereas, It appearing to the satisfaction of the Convention that at the election held for delegates thereto in the Fifteenth District, one M. H. Goddin, of Walker county, received the cer- tificate of election, and it appearing to the satisfaction of the members hereof that said M. H. Goddin is and was at the time he received the certificate of election non coraj^os raentis and therefore ineligible to a seat in this Convention ; And it further appearing that at the election for delegates in said district D. C. Dickson received the next highest number of votes, and that said Dickson is a pure, good man and the true representative of the good people of the said district; And further, that the said Goddin having in a fit of drunken- ness and passion, resigned his seat in this Convention ; therefore be it Mesol'ved, That in the opinion of this Convention the said D. C. Dickson is the true representative of tlie good people or the Fifteenth Senatorial District. Resolved further^ That D. C. Dickson, upon taking the oath prescribed by the Convention, is admitted to a seat in the same. Mr. McCormick moved to refer report and substitute to a select committee of five. Lost. Mr. Flournoy moved to lay the substitute on the table. Carried. The question recurring on the adoption of the report of the committee, Mr. Crawford moved to postpone action on the mat- ter and make the subject special order f(jr to-morrow after the morning call. Mr. Martin, of Navarro, ofiered the following amendment: Said election to be ordered by the President of this Conven- tion. The amendment was lost. Sept. 15, 1875.J CONSTITUTIONAL CONVENTION. Ill Mr. Dohoney offered the following amendment : Strike out of tlie resolution the word " request " and insert " authorize." Mr. Johnson, of Franklin, offered the following amendment: (Strike out the word '* requested " and insert the word " in- structed."" Mr. Sansom moved to lay amendments on the table, where- upon the yeas and nays were called, and the Convention refused to lay the amendments on the table by the following vote: Yeas — Messrs. Abner, Brady, Cooke of San Saba, Cline, Davis of Brazos, Davis of AVharton, Flournoy, Fleming, Ferris, Henry of Tyler, Henry of Limestone, Killough, McCabe, Mitchell, McCormick, Norvell, Pauli, Reagan, Reynolds, Rentt'ro, Ross, Russell of Harrison, Ruscell of Wood, Sansom, Wade, West— 2G. Nays — Messrs. Allison, Abernathy, Arnim, Brown, Blake, Ballinger, Blassingame, Barnett, Burleson, Bruce, Crawford, Cliambers, Cooley, Douglass, Dillard, Dohoney, Darnell, Dun- nam, Erhard. Ford, German, Graves, Holmes, Haynes, Johnson of Franklin, Johnson of Collin, King, Kilgore, Lockett, Lacy, Lynch, Martin of Navarro, Martin of Hunt, McKinney, Moore, Murphy, Nunn, Nugent, Raimey, Rugely, Robertson of Bell, Spikes, Scott, Stockdale, Stayton, Whitehead, Wright, Weaver, Whitfield, Waelder— 50. Mr. Johnson, of Franklin, withdrew his amendment. Mr. Dohoney's amendment was acce])ted and the resolution of the committee adopted. Mr. Flournoy moved to reconsider the vote just taken and lay that motion on the table. Carried. Mr. West, by leave, submitted the following reports from Com- mittee on General Provisions: Committee Room, \ Austin, Se])tend)er 14:th, 1875. j To the Hon. E. B. Pickett^ President of the Convention: The Committee on General Provisions, to whom was referred a resolution to fix the tax valuation of lands in this State, beg leave to report that they have examined the same and recom mend that it be referred to the Committee on Revenue and Tax- ation. Respectfully submitted, C. S. AVest, Chairman. 112 JOURNAL OF THE {Sept. 15, 1875. Committee Room, \ Austin, September 14, 1875. j" To the Hon. E. B. Pickett^ President of the Convention : The Committee on General Provisions to whom were referred two resolutions as to Spanish and Mexican land titles, beg leave to report that they have examined the same and recommend that they be referred to the Select Committee on Spanish and Mexi- can titles. Respectfully submitted, C. S. West, Chairman. Committee Room, \ Austin, September 14, 1875. f To the Hon. E. B. Pickett.^ President of the Convention : The Committee on General Provisions to whom was referred a resolution as to the payment of the costs of charter by all private corporations, beg leave to report that they have exam- ined the same and recommend that it be referred to the Com- mittee on Private Corporatinons. Respectfully submitted, C. S. AVest, Chairman. Committee Room, ) Austin, September 14, 1875. ) To the Hon. E. B. Pickett^ President of the Conveyition : The Committee on General Provisions to whom was referred a resolution as to validating certain land certificates, have ex- amined the same, and beg leave to recommend that the same be referred to the Committee on Public Lands and Land Office. Respectfully submitted. C. S. West, Chairman. Committee Room, ) Austin, September 14, 1875. j To the Hon. E. B. Pickett^ President of the Convention : The Committee on General Provisions to whom was referred a resolution restraining the Legislature from levying any tax except for revenue purposes, beg leave to report that they have examined the same and recommend that the resolution be refer- red to the Committee on Legislative Department. Respectfully submitted, C. S. West, Chairman, Sept. 15, 1875.J CONSTITUTIONAL CONVENTION. 113 CoMMirTEE Room, | Austin, September 14, 1875. ( To the Hon. E. B. PlckeU^ President of the Convention : The Committee on General Provisions, to whom were referred a series of resohitions as to the salary of the Governor and other State officers, beg leave to report that thej^ have examined the same and recommend that the resolutions as ti> the salary of the Gov-ernor, Secretary of State, Comptroller, and Superintendents of the different Asylums, be referred to the Committee on Legis- lative Department, and that the resolutions as to the salaries of the Attorney General and District Attorney be referred to the Committee on Judiciary Department. Respectfully submitted, C. S. West, Chairman. The following is the report of the Superintendent of Educa- tion, complying with a resolution of the Convention passed on the 13th instant. Department of Education, State of Texas, ) Austin, September 14, 1875. f To the lion. E. B. Pickett^ President of the Convention : Sm — I have the honor to acknowledge the receipt of a resolu- tion passed by the Honorable Convention on the 13th inst., requesting certain information relative to the school affairs of the State, as follows, to-wit : ^^ Resolned,, That the Superintendent of Public Instruction be requested to furnish this Convention (1) the scholastic population of the State; (2) the amount of money di^trihwi^^ per cajjitaiov the year 1875 ; and (3) the amount of money required to main- tain public free schools in this State for four months each year; and (4) the amount due teachers for services already performed." Responding to said resolution, I have the honor to reply as fol- lows, viz : 1. The census of the scholastic population of the State was taken between the dates July 4, 1874, and November 20, 1874, in almost every county. The total scholastic population of coun- ties from which reports were received, and estimates from the best data in this Department for counties from which reports were not received, give in the aggregate three hundred and thir- teen thousand and sixty-one children (313,061). The law requires the census of scholastic population be taken annually, on the first Saturday in July. The census returns, due for 1875, have not all been received at this Department. The number is largely increased over the reports of 1874 ; and 8 114 JOURNAL OF THE {Sept. 15, 1875. we estimate the present scholastic population at three hundred and fifty thousand (350,000). 2. The amount appropriated from the State School Fund for the year ending August 31, 1875, was five hundred thousand dollars, ($500,000), but for convenience in distributing, the sum of $499,959 05 only was apportioned, which gave, i)er capita^ one dollar and fifty-nine cents ($1 59), to the scholastic popula- tion. 3. In response to the third inquiry of the honorable Conven- tion, I beg to suggest that we find some difticulty in answering. Under the law as it now stands the salaries of teachers vary to an extent that renders it impossible to determine what might be the actual expenses of public schools for four months. The returns in this department for the year ending August 31, 1874, show the cost per pupil in the public free schools, as averaged throughout the State, was $1 56 per month, or $6 2-4 for four months. The returns in the aggregate for the scholastic year ending August 31, 1875, show a great variation in the price of tuition jper capita in the several counties of the State. In counties where there has been proper administration b}' the local officers, the rate per month for each pupil has not exceeded seventy-eight cents ; while in other counties where there was a neglect of public interests and a total disregard to economy, the cost per cojjnta has been reported as high as two dollars per month. We are satisfied, however, that throughout the State the cost per pupil for each month in the public free schools, during the scholastic year ending August 31, 1875, has not ex- ceeded one dollar and fifty cents, ($1 50), or six dollars for four months, p)er capita. The annual report from the county officers were not due to this department until the close of the scholastic year, August 31, 1875 ; I am, therefore, unable to give the total cost of that year from actual reports. We may, however, safely estimate that under a proper administration, wh.ich can be secured by a wise law, the rate of tuition per month, per capita.^ need not, nor should it exceed in the aggregate $1 50, giving as the total expense for four months tuition of 350,000 children the sum of two million and sixty thousand dollars, ($2,060,000). •1. I regret my inability to answer, at present, the amount due teachers for services already performed. As heretofore stated, the annual reports from county officers, which contain the data from which that amount will be ascertained, were not due until after the 31st ultimo ; I trust, however, that said Sept 15, 1875.J C0NSTITUTI(3NAL CONVENTION. 115 reports will reach the department in time to furnish the infor- mation requested at an early day. Very respectfully, (). N. HOLLINGSWORTH, State Supt. Pub. Inst. On motion ]of Mr. Kussell, of Wood, two hundred copies of the report were ordered printed. Mr. McCormick offered the following resolution : Mesolved^ That the substance of the following sections be incorporated in the proposed constitution : " All male citizens of this State, between the ages of sixteen and forty-five years, shall be required to work upon the public roads of this State, under such regulations and exceptions as the Legislature may prescribe. '' The Legislature shall enact such laws as may be necessary to keep open and in good repair the public roads of this State, and may authorize the levy of a tax of not more than one-tenth of one per cent, upon all the property in the State, to be used in building bridges and keeping the same in repair, provided that the tax collected shall be expended in the county paying the same." Referred to Committee on General Provisions. Mr. Russell, of Harrison, offered the following resolution : ^ Whereas, Under the present constitution "all unsatistied genuine land certificates shall be surveyed and returned to the General Land Office by the first day of January, 1875, or be forever barred ; " and Whereas, There is now in existence and outstanding unsatis- fied genuine land certificates that were not surveyed and returned to the General Land Office, as prescribed by the constitution, and are now barred ; and Whereas, A number of the holders and owners of said cer- tificates were debarred from locating, surveying and returning said certificates, as prescribed by the present constitution, by reason of the same having been lost and no time existed for application for duplicates, and for other good and valid causes beyond and without their control ; and Whereas, A number of the holders and owners of said cer- tificates had, previous to January 1, 1875, located the same in good faith, in accordance with the requirements of the constitu- tion of 1869, and it has since transpired that without any fault or neglect of the said parties their certificates were located on lands previously located, and there remained no sufficient 116 JOURNAL OF THE {Sept. 15, 1875. time to have the same relocated prior to Janiiarj 1st, 1875; therefore Be it resolved and ordained hy the people of Texas ^ m Con- vention ass&mhled. That the rights and interests of the holders and owners of all unsatisfied genuine land certificates in exist- ence, but not located, returned and surveyed as prescribed by the constitution of 1869, on the first day of January, 1875, shall not be affected by reason of the non-location, survey and return of the same, nor shall the validity of said certificates be affected ; but that said certificates shall be revived and in full force and effect, and shall be subject to location, return and survey on any of the unlocated lands of the State for five years next after the adoption of this constitution. Referred to Committee on Public Lands and Land Ofiice. Mr. Erhard offered the following resolution : Resolved^ That those delegates from counties adjacent to the frontier, or such counties wherein no newspapers are published, be allowed thirty copies each of some paper in the city of Aus- tin which publishes the proceedings of this Convention, in order that said people may be informed of the proceedings of this body, and that said members make a report according to the pro- visions of the foregoing. Referred to Committee on Printing and Contingent Expenses. Mr. Pauli ofiered the following resolution : Resolved^ That any Justice of the Peace in his owm precinct of jurisdiction act as administrator ^^r^* tempore in all cases where im])artial and immediate action in regard to the estate of a deceased person is necessary. In all cases where the Justice of the Peace is notified of the death of a person in his precinct, he shall at once summon three, or as many citizens of good standing as may be prescribed by law, to i]ivestigate — First, how the person so deceased came to his or her death, namely : Whether from natural cause, by accident, or through vio- lence conmiitted by some other person or persons. If from the lat- ter cause, the Justice of the Peace is to issue at once the neces- sary warrant or warrants for the immediate apprehension and arrest of such offender or oftenders, and the same be brought to justice. Second. If the estate of the deceased, either b}^ the last will and testament or by virtue of rehitionship, is assigned to an administrator, then to report this fact to the County Court. Third. If the estate is left without protection, and no person attainable who has a legal right to administer on said estate, or Sept. 15, 1875.J COxNSTITUTIONAL CONVENTION. \Vl if under the circumstances the same needs immediate attention to keep it from being squandered — under the latter probabilities the Justice of the Peace shall, with the assistance of the three already summoned citizens, or as the probate law of the county may direct, take an inventory of all the property of the deceased, real and personal, and make returns thereof without unnecessary delay to the County Court in open session. The property so returned shall then remain under the protection and manage- ment of said court, for such length of time and under such regu- lations as !nay hereafter be provided for by law in this State. Referred to the Committee on Judiciary. Mr. Ballinger offered the following resolution : Resolved^ That the Committee on the Judiciary Depart- ment shall provide in the article on that department : " Sec. — . That the Supreme and District Judges of this State shall be appointed on the nomination of the Governor, by and with the advice and consent of the Senate.'' The form of each nomination shall be in substance as follows: " I herewith nominate to be Judge of , and I declare that he is, in my judgment, the best appointment to be made to that office, without regard on my part, to personal or partisan considerations." " That such nomination shall not l)e acted on by the Senate for at least ten days, during which time the Governor shall, when requested by the Senate, aj^pear before the Senate and give them information and hear their advice respecting such nomination ; and the Govei nor shall also, at their request, lay before the Senate all recommendations of said nominee and of all other persons for such office." Referred to Committee on Judiciary. Mr. Rentfro offi3red the following resolution : Resolved., That the following be and constitute the preamble to the State constitution, to-wit : " PREAMBLE. " We, the people of the State of Texas, acknowledging with grateful hearts the goodness of the Great Legislator of the Uni- verse, in affording us, in the course of His providence, an oppor- tunity, deliberately and peaceably, witliout fraud, violence or surprise, of enterinjj; into an original, explicit and solemn com- pact with each other, and of forming a new constitution of civil government for ourselves and ]X)Sterity, do agree upon, ordain and establish the following declaration of rights, and frame of government, as the constitution of the State of Texas." Referred to Connnittee on Bill of Rights. 118 JOURNAL OF THE {Sept 15, 1875. Also, by Mr. Rcntfro, the following resolution : Resolved^ That the following provision shall be incorporated in the State constitution under its appropriate caption, to wit : " Sec. — . It is the right of every man to worship or not to worship a Supreme Being, as his reason may direct; and no citizen shall be hurt, molested, or restrained in his person, lib- erty, or estate, for his religious profession or sentiments, or for the abscence on his part of any religious profession or sentiment ; provided^ he does not disturb the public peace, infringe upon public mortality, or obstruct others in their religious worship."' Referred to Committee on Bill of Bights. Also, by Mr. Rentfro, the following resolution : Resolved^ That the following be and constitute a part of the State constitution : " Sec. — . The people of this State have the sole and exclusive right of governing themselves as a sovereign State ; and do and forever hereafter shall exercise and enjoy everj^ power, juris- diction, and right, which is not, or may not liereafter, be, by them, expressly delegated to the United States of America." Referred to Committee on Bill of Rights. Mr. Robertson, of Bell, offered the following resolution : Resolved^ That the Committee on General Provisions lie re- quested to insert in the constitution, under its appropriate cap- tion the following provisions: " That the retailing of spirituous, vinous, or other intoxicating liquors may be prohibited in the vicinity of any school, or in any town in this State, by a vote of a majority of the people thereof, and the Legislature shall pass the necessary law to carry into effect this provision. " That the right of appeal in both criminal and civil cases be ])rovided for, from the lowest, through all the courts, to the highest. " That the Legislatui-e may tax incomes, and the occupations of retailing spirituous licpiors, insurance, ]ieddling, chiromancy and all otlier exhilutions commonly designated as shows and none other." Referred to Committee on General Provisions. Mr. Robertson, of Bell, also offered the following resolution : Re>on the yeas and nays were called and resulted as follows : Yeas — Messrs. Ahernathy, Brown, Ih*ady, Crawford, Cline, Dillard, DeMorse, Dcjlioncy, Dunnam, Davis of Brazos, Erhard, Ford, Flournoy, F'erris, Ilein-y of Tyler, Johnson of Franklin, King, Kilgore, Killough, Lockett, McCabe, Morris, Mitchell, Moore, Murphy, Norvell, Nunn, Pauli, Reagan, Rugely, Reynolds, Sept. 15, 1875.] CONSTITUTIONAL CONVENTION. 121 Kentfro, Robertson of Bell, Stockdale, Whitehead, Wrio^ht, Whitfield, and West— 38. Nays — Messrs. Allison, Arnim, Abner, Blake, Ballinger, Blas- singame, Barnett, Burleson, Briiee, Chambers, Cook of Gonzales, Cooke of San Saba, Cooley, Dono-lass, Fleming, German, Gaither, Graves, Holt, Henry of Limestone, Holmes, Haynes, Julmson of Collin, Lacy, Lynch, Martin of Navarro, Martin of Hunt, Mills, MoKinney, MeCormick, Nugent, Iwame}^ Iwobeson of Fayette, Ross, Russell of Harrison, Russell of Wood, Spikes, Scott, Ses- sions, Stayton, Wade, and Waelder — 42. The question recurring upon Mr. Ross' motion to reconsider, Mr. West moved a call of the house. Absentees— Messrs. Darnell, McLean, Weaver and Flanagan. On motion of Mr. Russell, of Harrison, Mr. Flanagan was ex- cused on account of sickness. On motion of Mr. Brown, the call was suspended. Mr. Stockdale moved to adjourn until 9 o'clock to-morrow. The 3-eas and nays were called and stood — * Yeas — Blake, Ballinger, Brady, Crawford, Cook of Gonzales, Cooke of San Saba, Cline, Cooley, Douglass, Dillard, DeMorse, Dohoney, Davis of Brazos, Davis of Wiiarton, Erhard, Ford, Flournoy, Ferj-is, Henry of Tyler, Johnson of Franklin, King, Killough, Lockctt, M(;Cal)e, Morris, Mitchell, Moore, Murphy, Norvell, Nuiin, Pauli, Rtmgan, Reynolds, Rentfn^, Rolxirtson of Bell, Robeson of P^ayette, Stockdale, Sansom, Wright, West, Waelder — 41. Nays — Allison, Abernathy, Arnim, Al)ner, I>rown, Blassin- game, Barnett, Burleson, Bruce, C/liand)ers, Dunnam, Fleming, German, Gaither, Graves, Holt, Henry of Limestone, Holmes, Haynes, Johnson of Collin, Kilgore, Lacy, Lyncli, Martin of Navarro, Martin of Hunt, Mills, McKinney, McCormick, Nu- gent, Raimey, Rugely, Ross, Russell of Harrison, Russell of Wood, Spikes, Scott, Sessions, Stayton, Wade, Whitehead, Whit- field—41. So the Convention adjourned to 9 o'clock a. m. to-morrow, pending Mr. Ross' motion to reconsider. 122 JOURNAL OF THE {Sept. i6, 1875. TENTH DAY. Hall of Representatives, ( Austin, Texas, September 16, 1875. \ Convention met pnrsnant to adjournment ; roll called ; quorum present. Prayer by Kev. E. B. Wright, of Austin. Journals read, corrected and adopted. Mr. West presented the petition of J. H. Hutchins and Alfred Grooms, relative to services rendered in the Land Office during the war. Referred to Committee on Ordinances. Mr. Nugent presented the memorial of T. R. Orenbaun, rela- tive to doing away with fences in prairie counties, and school lands. Referred to Committee on Counties and County Lands. The following reports of committees were then read : To the Hon. E. B. Pickett.^ President of the Convention : y The Committee on Legislative Department, having considered the resolution referred to it in relation to empanneling juries, ask to be allowed to report the same back, and recommend that it be referred to the Committee on Judicial Department. Jno. L. Henry, Chairman. To the lion. E. B. Pickett^ Presiden t of the Convention : The Committee on Legislative Department, to whom was referred resolution in regard to giving aid l)y municipal corpora- tions, beg leave to report tlie same back, and recommend that the same be referred to the Committee on Municipal Corpora- tions. Jno. L. Henry, Chairman. To the lion. E. B. Pickett., President of the Convention : Your Committee on the Legislative Department, to whom was referred resolution relating to the appointment of special judges, having considered the same, instruct me to report it back and ask that it be referred to the Committee on Judicial Depart- ment. Jno. L. Hpjnry, Chairman. To tlie Ilan. E. B. Pickett., President of thv Convention : The Committee on the Legislative Dej)artment, to wliom was referred resolution in relation to su|)])ort of petit juries, have had tlie same under consideration, and ask leave to report it back Sept. i6, 1875.] CONSTITUTIONAL CONVENTION. 123 and recommend that it be referred to the Committee on the Judi- ciary Department. Jno. L. Henry, Cliairman. CoMMiiTEE Rooms, ( ArsTiN, September 16, 1875. ( To the Hon. E. B. Pickett^ President of the Convention: The Committee on General Provisions, to whom were referred a series of resolutions concerning municipal corporations, county school lands and public school lands, beg leave to report that they have carefully considered the same and herewith return the same, and recommend that the resolution as to municipal corpo- rations be referred to the Committee on Municipal C(U'porations; that the resolution as to county school lands be referred to the Committee ou Counties and County Lands; that tlie resolution as to public scliool lands be referred to the Committee on Educa- tion. All of which is respectfully submitted. C. S. West, Chairman. Mr. Lockett offered the following resolution : Resolved^ That tlie public free schools of this State shall be taught at least four months during the scholastic year, and that the Legislature shall ])ass laws to enforce and carry out this pro- vision. Pfovided^ farther^ that the school officers of towns, cities and districts may continue them for a longer period; and that the Directors nuiy levy a tax for the continuance of the same. Referred to Committee on Public Schools. Also, by Mr. Lockett, the following resolution : Resolved^ That article 3, section 2, of the constitution of 18G6 be and constitute a part of the constitution now being made, under its proper caption, with the words "Africans and the descendants of Africans " stricken out, and which shall read as follows : " Every free male person who shnll have attained the age of twenty-one years and who shall be a citizen of the United States, and shall have resided in this State one year next preceding an election, and the last six months within the district, county, city or town in which he offers to vote (Indians not taxed excepted), shall be deemed a qualilied elector; and should such qualified elec- tor happen to be in any other county situated in the district in which he resides at the time of an election, he shall be permitted to vote for any district officer ; provided^ that the (jualitled electors shall be permitted to vote anywhere in the State for 124 JOURNAL OF THE {Sept i6, 1875. State officers; and irrovided^ furtliei\ \\\^l no soldier, seaman or marine in the army or navy of the United States shall be entitled to vote at any election created by this constitution." Referred to Committee on Suffrage. Mr. Robertson, of Bell, offered the following resolution : Resolved^ That all claims, locations, surveys, grants, and titles to land, which are declared null and void by the constitution of the Republic of Texas, are and the same shall forever remain null and void ; that all certificates for headright claims issued to fictitious persons, or which were forged, and all locations and surveys thereon, are and the same were null and void from the beginning. Referred to Committee on General Provisions. Mr. Dillard offered the following resolution : Whereas, All original power and sovereignty resides with the people, and they alone can delegate power or authority to govern either in the executive, legislative or judicial depart- ments of the government ; therefore. Resolved^ That all officers, either of the legislative, executive or judicial departments of the government, be elected by the people. Referred to Committee on Legislative Department. Mr. Whitfield ofiered the following resolution : Resolced^ That an additional porter be employed by the Pres- ident wdiose duty it shall be, in addition to other duties, to attend the State Library and see that books are not taken therefrom without leave or by irresponsible parties ; he shall keep the Library open from 7 o'clock a. m. to 6 o'clock p. m. during the session of this Convention. Adopted. Mr. West offered tlie following resolution : Resolved^ That section — of article — of the constitution shall read as follows : " No man or set of men shall ever be exempted, relieved or discharged from the performance of any duty or service imposed by general law, by s})ecial legislation. Exemptions from the performance of public duty or service shall only be made by gen- eral laws passed by the votes of two-thirds of the members of both houses of the Legislature." Referred to Committee on General Provisions. Mr. Pallinger ofiered the following resolution : Renolved^ That the property of counties, cities and towns, owned and held only for public purposes, and essential to the performance of their public duties, such as public buildings and Sept. 16, 1875.J CONSTITUTIONAL CONVENTION. 125 the sites therefor, fire engines and all other prop^'t^y used for ex- tinojnishment of fires, etc., should be exempt from execution and forced sale; and that the Committee on Municipal Co^porations be directed to report an appropriate provision in the constitution to cover proper exemptions of property of counties, cities and towns in this State. Referred to Committee on Municipal Corporations. The Convention then proceeded to the consideration of un- finished business on the President's desk, which being the motion of Mr. Ross to reconsider the resolution to employ a phono- graphic reporter, Mr. Wright made this point of order, viz. : that the motion to reconsider was out of order, for the reason that the question had been once reconsidered, and that by the employment of the stenographer, the question under rule 35 had passed out of the control of the house. The chair ruled against the point of order. Mr. Waelder ofiered the following resolution : Resolved^ That the matter of the employment of a steno- grapher be referred to the Committee on Printing and Contin- gent Expenses, with instructions to report upon the matters to be reported by the stenographer, and what disposition shall be made of the reports w^hen made, the probable expense, etc. ; and that until the committee report and the action of the Convention thereupon, the stenographer shall be regarded asnuemployed, and that the motion to reconsider be postponed until the coming in of the report. The chair ruled the resolution ont of order. Mr. West moved to postpone the question of reconsideration until to-morrow, and that it be made the special order after the morning call was through. The yeas and nays were called and the motion lost by the following vote : Yeas. — Crawford, Erhard, Ford, Jlenry of Tyler, King, Kil- gore, McLean, Moore, Murphy, Korvell, Rentfro, Stockdale, Wright, West— 14. Nays. — Allison, Abernathy, Arnim, Abner, Brown, Blake, Bal- linger, Blassingame, Barnett, Burleson, Brady, Bruce, Chambers, Cook of Gonzales, Cline, Cooley, Douglass, Dillard, DeMorse, Dohoney, Darnell, Dunnam, Davis of Brazos, Davis of Wharton, Flournoy, Fleming, Ferris, German, Gaither, Graves, Holt, Henry of Limestone, Holmes, Haynes, Johnson of Franklin, Johnson of Collin, Killough, Lockett, Lacy, L^mch, Martin of Navarro, Martin of Hunt, McCabe, Mills, Mitchell, McKinney, McCormick, Nunn, Nugent, Pauli, Reagan, Ramey, Rugely Reynolds, Robertson of Bell, Robeson of Fayette, Ross, Rns J.J6 JOURNAL OF THE \Sept i6, 1875. sell of Harrison, Russell of Wood, Spikes, Scott, Sessions, Stay- ton, Sansoni, Wade, Whitehead, Whitfield, Waelder— 68. The question then recurring upon Mr. Ross' motion to recon- sider the same was put, and the yeas and nays being demanded the vote was reconsidered by the following vote : Ykas. — Allison, Abernathy, Arnim, Abner, Brown, Blake, Ballinger, Blassingarae, Barnett, Burleson, Brady, Bruce, Craw- ford, Chambers, Cook of Gonzales, Cooke of San Saba, Cooley, Dillard, Darnell, Davis of Brazos, Davis of Wharton, Erhard, Fleming, Ferris, German, Gaither, Graves, Holt, Henry of Lime- stone, Holmes, Haynes, Johnson of Franklin, Johnson of Collin, Kilgore, Killough, Lacy, Lynch, Martin of Navarro, Martin of Hunt, McCabe,"Mills, Mitchell, McKinney, McCormick, Moore, Nugent, Bauli, Ramey, Reynolds, Robeson of Fayette, Ross, Russell of Harrison, Russell of Wood, Spikes, Scott, Sessions, Stayton, Wade, Whitfield, Waelder— 60. Nays. — Cline, Douglass, DeMorse, Dohoney, Dunnam, Ford, Flournoy, Henry of Tyler, King, Lockett, McLean, Murphy, Norvell, Nunn, Reagan, Rugely, Rentfro, Robertson of Bell, St(X'kdale, Sansom, Whitehead, Wright, West — 23. Mr. Flournoy offered the following as a substitute for the reso- lution : Resolmd^ That the stenographic reporter be employed to report only the debates on the proposed constitution, or some part thereof; and that the Committee on Printing be instructed to contract with him, at reasonable rates, and also to contract for the publication of the same in some daily newspaper, and for the furnishing of fifteen copies of such newspaper to each of the members of this Convention. Mr. Russell, of Wood, moved to indefinitely postpone the whole subject matter. Mr. Nunn proposed to amend the substitute, as follows : The stenographer shall continue in the employment of the Con- vention under the contract made heretofore, until the further action of this Convention. Witli drawn. Mr. (-rawford offered the following amendment, which was accepted : That the detail of said contract be reduced to writing by the committee, with estimate of cost of session of forty-five days, and referred to this body for its a])proval or rejection. On motion of Mr. Scott, the main question was ordered, which being the adoption or rejection of Mr. Flournoy's resolution, the yeas and nays were called, and stood : Sept. i6, 1875.J CONSTITUTIONAL CONVENTION. 127 Yeas — Allison, Abner, Brown, Blake, Ballinger, Brady, Craw- ford, Cline, Douglass, Diliard, DeMorse, Dohoney, Darnell, Dun- nam, Davis of Brazos, Davis of Wharton, Erhard, Ford, Flournoy, Ferris, King, Kilgore, Lockett, McCabe, Morris, Mills, Mitchefl, Moore, Murphy, Norvell, Nunn, Keagan, Rngely, Eeynolds, Rentfro, Stockdale, Sansoui, Whitehead, Wright, Whitfield, West, Waelder— 42. Nays — Mr. President, Abernathy, Arnim, Blassingame, Bar- nett, Burleson, Bruce, Chambers, Cook of Gonzales, Cooke of San Saba, Cooley, Fleming, German, Gaither, Graves, Holt, Henry of Tyler, Henry of Limestone, Holmes, Haynes, John- son of Franklin, Johnson of Collin, Killough, Lacy, Lynch, McLean, Martin of Navarro, Martin of Hunt, McKiiiney, Mc- Cormick, Kugent, Panli, Ramey, Robertson of Bell, Robeson of Fayette, Ross, Russell of Harrison, Ruscell of Wood, Spikes, Scott, Sessions, Stayton, Wade — 43. So the substitute was lost. The question then recurring on the motion of Mr. Russell, of Wood, to indefinitely postpone the whole subject matter, the same was put, and the yeas and nays being denuinded, stood : Yeas — Allison, Abernathy, Arnim, Abner, Brown, Blake, Blassingame, Barnett, Burleson, Bruce, Chambers, Cook of Gon- zales, Cooke of San Saba, Cooley, Fleming, German, Gaither, Graves, Holt, Henry of Limestone, Holmes, Haynes, Johnson of Franklin, Johnson of Collin, Killough, Lacy, Lynch, Martin of Navarro, Mills, McKinney, McCormick, Nugent, Ramey, Ross, Russell of Harrison, Russell of Wood, Spikes, Scott, Sessions, Wade and Whitfield- 4L Nays— Ballinger, Brady, Crawford, Cline, Douglass, Diliard, DeMorse, Dohoney, Darnell, Dunnam, Davis of Brazos, Davis of Wharton, Erhard, Ford, Flournoy, Ferris, Henry of Tyler, King, Kilgore, Lockett, McLean, Martin of Hunt, McCabe, Mor- ris, Mitchell, Moore, Murphy, Norvell, Nunn, Pauli, Reagan, Rugely, Reynolds, Rentfro, Roberjtson of Bell, Robeson of Fay- ette, Stockdale, Stayton, Sansom, Whitehead, Wrigiht, West, Waelder— 43. So the motion was lost. The question being the adoption of the original resolution, Mr. Crawford moved to adjourn until 9 o'clock to-morrow. The yeas and nays were called, and the Convention refused to adjourn by the following vote : Yeas— Abernathy, Brady, Crawford, Cooke of San Saba, Dil- iard, DeMorse, Dohoney, Davis of Brazos, Davis of Wharton, 128 JOURNAL OF THE {Sept. i6, 1875 Floiirnoy, Ferris, Kilo^ore, Lockett, McLean, Mills, Mitchell, Moore, Murphy, Norvell, Pauli, Rugely, Scott, Sarisoin--"23. Nays — Allison, Arnini, Abner, Brown, I31ake, Ballinger, Blassingame, Barnett, Burleson, Bruce, Chambers, Cook of Gon- zales, Cline, Cooley, Douglass, Darnell, Dunnam, Erhard, Ford, Fleming, German, Gaither, Graves, Holt, Henry of Tyler, Henry K}i Limestone, Holmes, Haynes, Johnson of Franklin, Johnson of Collin, King, Killongh, Lacy, Lynch, Martin of Navarro, Martin of Hunt, Morris, McKinney, McCormick, Nunn, Nugent, Rea- gan, Bamey, Beynolds, Bentfro, Robertson of Bell, Robeson of Fayette, Ross, Russell of Harrison, Russell of Wood, Spikes, Sessions, Stockdale, Stayton, Wade. Whitehead, Wright, Whit- field, Waelder— 59. The yeas and nays were then called upon the adoption or re- jection of the original resolution, and stood — Yeas — Abernathy, Brady, Cline, Douglass, DeMorse, Do- honey, Darnell, Dunnam, L)avis of Brazos, Erhard. Ford, Flour- noy, Ferris, Henry of Tyler, King, Kilgore, Lockett, McLean, Morris, Murphy, Norvell, Nunn, Reagan, Rugely, Robertson of Bell, Stockdale, Stayton, Sansom, Whitehead, Wright, West — 31. Nays — Allison, Arnim, Abner, Brown, Blake, Ballinger, Blas- singame, Barnett, Burleson, Bruce, Crawford, Chambers, Cook of Gonzales, Cooke of San Saba, Cooley, Dillard, Davis of Wharton, Fleming, German, Gaither, Graves, Holt, Henry of Limestone, Holmes, Haynes, Johnson of Franklin, Johnson of Collin, Killough, Lacy, Lynch, Martin of Navarro, Martin of Hunt, McCabe, Mills, Mitchell, McKinney, McCormick, Moore, Nugent, Pauli, Rame}^ Reynolds, Rentfro, Robeson of F'ayette, Ross, Russell of Harrison, Russell of Wood, Spikes, Scott, Ses- sions, Wade, Whitfield, Waelder — 53. So the resolution was lost. Mr. Brown in the chair. Mr. McCormick moved to reconsider the vote just taken, and to lay the motion on the table* The chair ruled the motion out of order. Mr. McCormick appealed, and the Convention sustained the chair. Mr. Martin, of Navarro, offered the following resolution : liewl'ved^ That the stenographic reporter shall receive the amount of compensation a.greed upon with the committee to the present date. Ado])ted. Mr. Dillard offered the following resolution : Whereas, The convention has now been in session ten days, Sept. 17, 1S75.J CONSTITUTIONAL CONVENTION. 129 and many resolutions, petitions and memorials have been pre- sented, read and referred ; and, Whereas, It greatly retards the action of this body, by hold- ing daily sessions, as all of the work must first be shaped in the committee rooms ; and, Whereas, The great and important duty devolves upon each and every member to adopt that course which will best promote the true interest of the people ; therefore, Resolved^ That the Convention do now adjourn until Monday, the 25th day of September, 1ST5, at 9 o'clock a. m., that the committees may have sufficient time to mature and prepare their report. Laid over under the rules. On motion of Mr. Kilgore, Mr. Martin, of Navarro, was added to Committee on General Provisions. On motion of Mr. Stockdale, the Convention then adjourned to 9 o'clock A. M. to-morrow. ELEVENTH DAY. Hall of RErRESENTAxrvEs, ) Austin, Texas, September 17, 1875. ) Convention met pursuant to adjournment ; roll called ; quo- rum present. On motion of Mr. Mills, Mr. Rentfro was excused from attend- ance on account of sickness. Journals of yesterday wxre read and adopted. The following communication from the Attorney General, with accompanying report, w^as tlien read, and, on motion of Mr. Nunn, two hundred copies of the report were ordered printed : Attorney General's Office, ) Austin, September 15, 1875. ) To the lion. E. B. Pickett^ President of the Convention : Sir — In compliance with a resolution of the Convention, I have the honor to transmit herewith a table showing the number of criminal and civil cases upon the dockets of the various Dis- trict Courts of the State, at their last regular terms, together with the number of each disposed of, which has been compiled from reliable data furnished me by District Clerks. I am, sir, with great respect, your obedient servant, 9 Geo. Clark, Attorney General. 130 JOURNAL OF THE {Sept. 17, 1875. A TABLE Shoioing the Bioshiess of tlie District Courts in the several Counties of tlie State. No. of Criminal No. of Civil COUNTIES. Cases last term No. Dis- Cases last No. Dis- of District posed of. term of posed of. Court. Court. Anderson 241 58 264 45 Angelina 84 39 45 25 Aransas 31 10 29 14 Atascosa 71 22 22 15 Austin 187 21 102 25 Bastrop 268 22 109 40 Bee 68 22 11 1 Bell 263 45 137 14 Bexar 381 153 303 120 Blanco 32 3 37 11 Bowie 100 23 120 16 Brazoria 72 17 140 36 Brazos 333 99 267 202 Brown 48 18 48 30 Burnet 106 33 48 26 Caldwell 254 48 134 55 Calhoun 54 11 44 15 Cameron 64 24 40 23 Cass 40 13 100 14 Clay 51 5 17 3 Colorado 183 29 185 39 Comal 22 3 20 5 Cook 103 31 122 50 Dallas 696 222 832 180 Delta 43 15 51 9 Denton ....254 64 152 38 DeWitt 205 38 70 27 Ellis 153 45 179 64 Ealls 251 57 234 34 Fannin .192 92 237 70 Fort Bend 181 40 203 81 Freestone 149 36 97 31 Galveston . . : 138 54 1151 219 Gillespie 38 10 35 16 Gonzales 350 78 169 67 Grayson 260 108 527 125 Gregg 109 25 59 11 Grimes 158 25 97 50 Sept 17, 1875. J CONSTITUTIONAL CONVENTION. I3l A Tahle shovyhig the Business of District Courts — Continued, No. of Criminal No. of Civil COUNTIES, Cases last term No. Dis- Cases last No. Dis. of District posed of. term of posed of- Court. Court. Gaiidalupe 239 .35 104 .36 Hamilton 96 15 33 9 Hardin 26 9 20 4 Harris 214 14 528 210 Hayes 89 35 40 23 Hidalgo 26 1 8 4 Hill 220 89 112 34 Hood 64 1 109 12 Hopkins 102 45 254 9 Houston 424 121 417 34 Hunt 212 49 182 . 38 Jack... 106 14 36 15 Jackson 25 11 17 9 Jasper . . . . ! 45 12 38 11 Jefferson 42 12 28 4 Johnson 258 44 218 55 Karnes 74 24 38 20 Kaufman 225 32 188 46 Kendall 20 9 16 7 Kerr 28 4 9 5 Kinney 81 23 37 12 Lamar 332 125 418 111 Lampasas 60 34 49 14 Lavaca 252 7.0 76 41 Leon 108 9 58 1 Liberty 81 19 136 37 Limestone 282 52 194 53 LiveOak 73 19 19 6 Llano , 86 18 26 12 McLennan 455 62 428 164 Mason 55 10 25 6 Matagorda 44 11 37 15 Medina 84 — 23 12 Menard 42 5 14 5 Milam 220 31 146 4 Montague 77 18 66 35 Montgomery 153 35 135 54 Nacogdoches 97 — 86 27 Navarro 110 30 185 63 Newton 46 — 35 — 132 JOURNAL OF THE \Sept 17, 1875 A Table showing the Business of District Coitrts — Continued, No. of Criminal No. of Civil COUNTIES. Cases last term No. Dis- Cases last No. Dis- of District posed of. term of posed of. Court. Court. Grange 36 • 10 23 8 Palo "Pinto 66 — 45 12 Panola 171 28 105 31 Parker 146 25 108 30 Eains 85 34 33 10 Ked River 160 37 241 65 Pvobertson 221 31 371 160 Rockwall 21 4 32 13 Rusk 635 202 127 49 Sabine 306 5 40 7 San Jacinto 40 15 53 23 San Patricio 38 32 36 13 San Saba 46 25 23 12 Shelby 210 55 36 19 Smith 421 30 185 50 Starr 41 11 15 4 Tarrant 184 55 323 164 Titus 149 60 132 24 Travis 643 168 428 99 Upslmr 203 36 80 14 Victoria 208 37 75 14 Walker 106 3S 56 28 Waller 131 1 88 34 Washington 344 41 410 150 Webb / 25 8 30 25 Wharton 93 21 64 10 AVilson 102 53 36 20 Wise 105 26 74 30 Wood 224 53 *153 37 Young — — 3 — Total \^,%m 3,940 14,451 4,258 No Reports from the follovnng Counties. Bandera, • Erath, Nueces, Bosque, Fayette, Polk, Burleson, Goliad, Refugio, Chambers, Harrison, San Augustine, Cherokee, Henderson, Trinity,^ Collin, Lee, Tyler, SepL 17, 1875.J CONSTITUTIONAL CONVENTION. 133 A Tahle showing the Business of District Coiorts — Continued. Comanche, Madison, Uvalde, Coi'vell, Marion, Yan Zandt, El Paso, Maverick, Williamson. Geo. Clakk, Attorney General. The followino; reports from tlie Committee on Judiciary De- partment were read : Committee Room, \ Austin, September 16, 1875. f To the Hon. E. B. PicJcett^ President of the Convention : The Judiciary Committee instruct me to sa}^ that it has under consideration the subject of the latter portion of the accompany- ing resolutions, and the remainder and principal part of them relate to the business of the Committee on the Legislative Department of tlie Constitution ; and they instruct me to report them back to the Convention, and ask their reference to the Committee on the Legislative De])artment. John II. Reagan, Chairman. Committee Room, ) Austin, September 17, 1875. ) To the lion. E. B. Picl-itt^ President if the Oon'vention : The Committee on the Judiciary direct me to report the accompanying resolutions back to the Convention, and to ask that they be referred to the Committee on the Executive Depart- ment. John H. Reagan, Chairman. Mr. Davis, of Brazos, offered the following resolution : Resoloed^ That the following proviso shall constitute the clos- ing clause of section — in article — of the constitution : ''^Provided^ tliat on the death of the husband or wife, or both, the homestead shall descend and vest in like manner with the other real property of the deceased, and shall be governed by the same laws of descewt and distribntion ; but it shall not be par- titioned among the heirs of the deceased during the lifetime of the surviving husband or wife, or so long as the survivor may elect to use or occupy the same as a homestead, or so long as the guardian of the minor children of the deceased may elect so to use and occupy the same." Referred to Committee on General Provisions. Also, by Mr. Davis, of Brazos, the following resolution: Resolved^ That section — of article — of the constitution shall read as follows : " The salaries of State, county and municipal officers shall not be increased during their term of office ; nor shall the term of 134 JOURNAL OF THE {Sept. 17, 1875. any officer be extended for a longer period than that for which snch officer was elected or appointed. But the Legislatiire may reduce the salaries of officers who shall neglect the performance of any legal duty." Referred to the Committee on General Provisions. Also, by Mr. Davis, of Brazos, the following resolution : Resolved., That section — of article — of the constitution shall read as follows : "No corporation, after the adoption of this constitution, shall be created except upon the condition that the charter of such cor- poration shall at all times be subject to amendment and repeal by the Legislature. Nor shall any existing charter be extended, changed or amended, nor shall any benefit be conferred by future legislation upon such corporation, except upon the same condi- tion." Heferred to Committee on General Provisions. ■ Also, by Mr. Davis, of Brazos, the following resolution : Resolved.^ That section — of article — of the constitution shall read as follows : " The Legislature shall, as soon as practicable, provide for the establishment of a State University, for the promotion of litera- ture and the arts and sciences, including an agricultural and mechanical department ; and the " Agricultural and Mechanical College of Texas," established by an act of the Legislature, passed April 17th, 1871, located in the county of Brazos, shall be and is hereby constituted a branch of the State University, for instruction in ao^riculture, the mechanic arts and the natural sciences connected therewith. " The University lands and the proceeds thereof, and all mon- eys belonging to the University fund, and all grants, donations and api^ropriations heretofore made under former laws of this State, for the maintenance and support of a State University, and all other lands and appropriations that may hereafter be granted by the State, shall be and remain a permanent fund for the use of the State University. The interest arising from the same shall be annually appropriated for the support and benefit of said University. " And it shall be the duty of the Legislature to take measures for the protection, improvement, or other disposition of said lands, and, as soon as may be done, to provide effectual means for the permanent security and investment of the funds of said State University." Referred to Committee on Education. Sept 17, 1875.J CONSTITUTIONAL CONVENTION. 135 Mr. Russell, of Wood, ofi'ered the following resolution : Whereas, It is well known that several incorporated cities in the State have been exacting enormous direct tax^ license tax and 'privilsge tcix from venders oi fresh Tneats iind vegetahles ; and, Whereas, Such direct tax, license tax, and sale of privilege for the vending of fresh meats and vegetables in certain wards of these incorporated cities, have exceeded, in some instances, the encyrrnous sum of eleven hundred dollars j^er annmny and, Whereas, Such enormous taxes are the cause of suffering and vKint among \\\q poorer class^ who are unal)le to secure the id)so- lute necessaries (f life on account of the high prices necessarily charged for such articles; and. Whereas, The sale of fresh meats and vegetables are proMh- ited in these cities unless the municipal laiOH are complied with ; therefore, be it Rewlved^ That the Legislature shall not pass any special or general law wliereby any incorporated town or city shall be allowed to levy and collect a special, direct, license or privilege tax exceeding fifty dollars per annum from any person or firm who are venders of fresh meats, or a special, direct, license or privilege tax exceeding ten dollars per annum from any person or firm who are, or may be, venders of vegetables, fruit, poultry, eggs, milk or butter. Referred to Committee on Towns and City Corporations. Mr. Ramey offered the following resolution : Resolved^ Tliat in each county in this State there shall be es- tablished a County Court, to consist of one chief justice and four commissioners, to be elected by the peo])le of the whole county ; and no two of said court, at the time of their election, shall re- side in tlie same district. The members of said court shall receive such per diem, perform such duties, and hold courts at such times as may be prescribed by law. In the decision of sucli questions as may come before said court upon county matters, the yeas and nays of the individual mem- bers shall be entered upon the minutes of the said court. Referred to Committee on Judiciary. Mr. Mills offered the following resolution : Resolved^ That the following shall be a section of the consti- tution : '' Sec. — . All qualified electors shall be qualified jurors." Referred to Committee on General Provisions. Mr. Wade offered the following resolution : Whereas, A resolution having passed this Convention allow- 136 JOURNAL OF THE [Sept. 17, 1875. ing the delegates hereof envelopes and postage stamps, to be charged as cnrrent expenses of this body ; therefore be it Resolved^ That the amount thus furnished any one delegate shall not exceed fifteen dollars, account to be kept by the Ser- geant-at-arms. Mr. Nunn proposed to amend by inserting "live" instead of '' fifteen." Accepted. Mr. Kilgore proposed tu strike out '* five " and insert " one." Lost. On motion of Mr. Allison the resolution was referred to the Committee on Printing and Contingent Expenses. Mr. Morris ottered the following article : " Article — . " Sec. — . It shall be the duty of the Legislatui-e of this State to make suitable provisions for the support and maintenance of a system of public free schools for the gratuitous instruction of all the inhabitants of this State between tlie ages of eight and sixteen years. " Sec. — . There shall Vje a Superintendent of Public Instruc- tion, who shall be elected by the people. The Superintendent shall hold his ofiice for the term of four years. He shall receive an annual salary of three thousand dollars. In case of vacancy in the ofiice of Superintendent, it shall be filled by appointment of the Governor, until the next general election. " Sec. — . The Suj^erintendent shall have supervision and con- trol of the 'public free schools of the State, and shall perform such other duties concerning public instruction as the Legislature may direct. The Legislature shall lay ofi* the State into con- venient school districts, and shall provide for the formation of a board of scliool directors in each district. It may give the dis- trict boards such legislative powers, in regard to the schools, school-houses and school fund of the district, as may be deemed necessary and proper. It shall be the duty of the Superin- tendent of Public Instruction to recommend to the Legislature such provisions of law as may be found necessary, in the progress of time, to the establishment and perfection of a complete system of education, adapted to the circumstances and wants of the people of this State. He shall at each session of the Legislature furnisli that body witli a complete I'eport of all the free schools in the State, giving an account of the condition of the same, and the progress of education within the State. Whenever re- quired by cither house of the Legislature, it shall be his duty to furnish all informati(jn called for in relation to public schools. Sept. 17, 1875.J CONSTITUTIONAL CONVENTION. 137 " Sec. — . The Legislature shall establish a uniform system of public free schools throughout the State. " Sec. — . As a basis for the establishment and endowment of said free schools, all tlie funds, lands and other proj)erty heretofore set apart and appropriated, or that may hereafter be set apart and appropriated, for the support and maintenance of public schools shall constitute the public school fund ; and all sums of money that may come to this State hereafter from the sale of any por- tion of the public domain of the State of Texas, shall also consti- tute a part of the public school fund ; and the Legislature shall appropriate all the proceeds resulting from sales of public lands of this State to such public school fund ; and the Legislature shall set apart for the benefit of public schools one-fourth of tlie annual revenue derivable from general taxation, and sliall also cause to be levied and collected an annual poll tax of one dollar on all male persons in tlie State between the ages of twenty-one and sixty years ; also, a tax of two per cent, on the gross earnings of all railroads, steamship lines and insurance companies of this State; also, all the fines collected for carrying concealed weapons and disturl)ances of the peace ; also, all moneys collected for license for selling malt and spirituous li(piors, for the [benefit of public schools; and said fund and the income derived therefrom and the taxes and other mcMieys herein provided for school pur- poses shall be a perpetual fund, to be apj^lied as needed, ex- clusively for the education of all the scholastic inhabitants of this State, and no law shall ever be made borrowing or appropriating such fund for any other purpose or use whatever. " Sec. — . The Legislature shall, if necessary, in addition to the income derived from the public school fund and from taxes for school purposes provided for in the foregoing section, provide for the raising of such amount by taxation in the several school districts in the State as will be necessary to provide the necessary school houses in each district and insure the education of all the scholastic inhabitants of the several districts. " Sec — . The public lands heretofore given to counties shall be under the control of the board of school directors of their respective counties, and shall never be sold except by act of Legislature, four-fifths of the members elected to such Legisla- ture voting in favor of granting such authority; in such case, the proceeds shall become a permanent school fund of the county to which said lands belonged, and to be invested in the bonds of the State of Texas, and the interest shall be used each year toward maintaining the free schools of such county. The board of school directors shall have authority to rent or lease the school 138 JOURNAL OF THE [Sept. 17, 1875. lands of their counties, under such regulations as the Legislature may prescribe, and the proceeds to be used as directed in this section ; 2^1'ovided^ that no lease shall run for a longer period than ten years. "Sec. — . The Governor, Attorney General, and Superin- tendent of Public Instruction shall constitute a board, to be styled the Board of Education, and shall have the general man- agement and control of the perpetual school fund; they shall de- fine the course of studies in the public schools, and direct the class and kind of apparatus and books to be used therein ; to prescribe the duties of the boards of school directors, having authority to remove them and appoint others to fill vacancies, and generally do all things to establish and maintain a system of public free schools for at least four months in each and every year, not inconsistent with the provisions of this constitution, under such regulations as the Legislature may hereafter pre- scribe. "Sec. — . The Superintendent of Public Instruction, the Comptroller of Public Accounts, and the Commissioner of the General Land Office, shall constitute a board to be styled the Board of Commissioners, they shall have control of all the public land known as the alternate sections, and such other lands, (ex- cept the four leagues belonging to each county in the State,) heretofore set apart, or that may hereafter be set apart for the use and benefit of the common schools ; they shall be authorized to sell these lands at not less than fifty cents per acre, under such regulations as the Legislature may prescribe, and the title to such lands shall be made in the name of the State of Texas. The Commissioner of the General Land Office shall keep a correct and separate record of all such sales. The Board of Cotnmis- sioners will on the accumulation of every ten thousand dollars invest the same in the bonds of the State of Texas, and deposit the same with the State Treasurer. " Sec. — . The Legislature shall at its first session, and from time to time thereafter as may be necessary, provide all needful rules and regulations for the purpose of carrying into efiect the provisions of this article. It is made the imperative duty of the Legislature to see to it that all the children in the State, within the scholastic age are, without delay, provided with ample means of education. The Legislature shall annually appropriate for school ])urposes, and to be equally distributed among all the scholastic inhabitants of the State, the interest accruing on the school fund and the income derived from taxation for school pur- poses; and shall from time to time, as may be necessary, invest Sept. 17, 1875.] CONSTITUTIONAL CONVENTION. 139 the principal of the school fund in the bonds of the State of Texas, and the bonds already belonging to the school fund, and those to be hereafter purchased as provided for in this article, are declared not to be of doubtful obligation." Keferred to Committee on Education, Mr. Kobertson, of Bell, offered the following resolution : Resolved^ That the Committee on the Legislative Department be requested to insert in the constitution, under the appropriate caption, the following provision : " That the Legislature shall provide for a thorough and equal assessment of all the property in the State, and for the con- demnation and sale under judgment of court of all lands in arrears for taxes. " The Legislature shall pass no special law when a general law can be made applicable. " All county officers shall liold their offices for two years. " That all officers, both State and county, elective under this constitution, shall be elected within sixty days after the adjourn- ment of this Convention, and shall assume the duties of their offices as soon as practicable after the election." Referred to Committee on Legislative De])artment. Mr. Norvell ottered the following resolution : Re8oVoed^ That the following section shall be embraced in the constitution in its appropriate ])lace : "Sec. — . In all civil suits the time between the 2Sth day of January, A. D. 1861, and the 30th day of March, A. D. 1870, shall not be computed in the application of any statute of limi- tations." Referred to Committee on General Provisions. Mr. DeMorse ottered the following resolution : Besol/ved, That no lottery or gilt enter])rise shall l)e authorized or permitted within this State, nor shall the sale of tickets in lotteries, gift enterprises or other evasions involving the lottery principle, established or existing in other States, be sold in this State, and it shall be the duty of the Legislature to pass stringent laws to prevent tlio sale of such tickets. Referred to Committee on Legislative Department. Mr. Erhard ottered the following resolution : Resolved^ That in incorporated towns no one shall vote for any municipal officer or any other election pertaining to said corporation unless he has $500 worth of taxable property. In incorporated towns or cities three assessors, appointed or elected, shall annually assess all the property of the citizens re- siding within the limits of said corporation. 140 JOURNAL OF THE \SepL 17, 1875. Corporations keeping their roads in their limits in order shall be exempt from all road laws. Referred to the Committee on Municipal Corporations. Mr. Reagan offered the following resolution : Resolved^ Ttiat the Committee on Judiciary be instructed to inquire into the propriety of making such provision in the con- stitution as will prevent the members of the County Courts from passing on questions in relation to their own fees of office or compensation. Referred to Committee on Judiciary. Mr. Moore offered the following : Whereas, The appointment of relatives and other personal favorites to places of public trust by tliose vested with power of appointment, is detrimental to the public service ; therefore be it Resolved^ That the Committee on General Provisions be re- qested to incorporate in the constitution, provisions of the fol- lowing import : " 1. That no officer in this State vested with power of making appointments to office shall appoint thereto any one related to him by affinity or consanguinity, and all such appointments here- tofore made shall become vacant upon the acceptance of this constitution ; irrovided^ that the incumbent thereof shall hold his office on appointment till his successor shall quality. " 2. That when appointment to office shall be made by any officer, he shall take and subscribe the foUov/ing oath : " ' That the appointment of to the office of .... has not been made with reference to personal friendship ; and that said is not related to me by affinit^^ or con- sanguinity, and that said appointment is the best I could make,' which oath shall be deposited as may be provided by law ; and the Legislature shall pass suitable laws for the viohition of these provisions." Referred to Committee on General Provisions. Mr. Ferris offered the following resolution : Resolved^ That tlie Judiciary Committee take into considera- tion the propriety of making the following provisions : " Sec. — . The Supreme Court shall consist of one Chief Justice and six Associate Justices. It shall liave the power at any session to sei)arate and divide itself into two courts, each to consist of the Cliicf Justice and three Associate Justices. Each court so separated sliall have the ]>owcr to hear and decide all a]))>elate causes, civil or criminal : of such court three members shall constitute a quorum, and the concurrence of three shall be necessary to Qwary decision. Li all cases of difficult adjudica- Sept. 17, 1875.J CONSTITUTIONAL CONVENTION. 141 tion, or when there may be a conflict of opinion, of which the court shall be the judge, or when the separate court can not make a decision, the court shall hear and decide upon the same as one united court, of which four members shall constitute a quorum, and the concurrence of four shall be necessary to a decision. " Sec. — . After the year of our Lord one thousand eight hun- dred and eighty, should it appear necessary for the disposition of appellate causes, inferior appellate courts of uniform organiza- tion and jurisdiction may be created in districts formed for that purpose, to which such appeals and writs of error as the Legisla- ture may provide may be prosecuted from district and other courts, and from which appeals and writs of error shall lie to the Supreme Court in all criminal cases of a grade not less than felonv, and cases in which a franchise or title to real estate, or the validity of a statute is involved, and in such other cases as may be provided by law. Such appellate courts shall be organ- ized, and held at such times and places, and in such manner, as may be provided by law\ Such appellate courts may be cre- ated for a ])art of, or the whole State, as may appear necessary. And the Legislature, on forming such appellate courts, shall have the power to limit*appeals to the Supreme Court and mod- ify its operation." Referred to Committee on Judiciary. Mr. Pauli offered the following resolution : Resolved^ That the Committee on Revenue and Taxation be instructed to see into the propriety of establishing in this State a standing Board or Committee of Assessment of Taxes, in order that a just and equal assessment of the real value of all the property taxable may be obtained and rigidly enforced. Referred to Committee on Revenue and Taxation. Mr. Russell, of Harrison, offered the following resolution : Resolved^ That the indebtedness of the State of Texas shall never exceed the sum of two and one-half per cent, of its taxable property. Referred to Committee on General Provisions. Mr. Sansom introduced the following resolution : Resolved^ That no civil office not provided for in the constitu- tion shall be created by the Legislature. Referred to Committee on General Provisions. Mr. Kilgore offered the following resolution : Resolved^ That Frederick Yoight be and is hereby authorized and directed to contract with a competent workman for certain repairs needed in and about the Capitol building, to-w4t : 142 JOURNAL OF THE {Sept. 17, 1875. The plastering on the wall, near the ceiling, on the the north side of the hall ; repairing the sash and putting in the glass needed in the hall and in the window over the stairway and for putting in the glass needed in the windows of the Capitol Library and the roof on north side of building. And that the bill for such repairs shall be paid out of any moneys subject to appropriation by this Convention. Referred to Committee on State Affairs. Mr. Waelder offered the following resolution : Resolved^ That the Committee on Suffrage inquire into the propriety of embodying the following provision in the constitu- tion : " Sec. — . Every male person, (Indians not taxed excepted) who shall have attained the age of twenty-one years, and who shall be (or who shall have declared his intention to become) a citizen of the United States, and shall have resided in the State one year next preceding an election, and the last six months within the district or county in which he offers to vote, and is duly registered as may be jirovided by law, and has paid his State and county taxes thirty days previous to an election, shall be deemed a qualified elector. And should such qualified elector happen to be in any other county, Situated in the district in which he resides, at the time of an election, he shall be permit- ted to vote for a district officer, and any qualified voter shall be permitted to vote anywhere in the State for State officers ; ^ro- vided^ that no soldier, seaman or marine in the army or navy of the United States, shall be entitled to vote at any election to be held under the laws of this State. " Sec. — . Every qualified elector who has lived sixty days in any incorporated city or town in which he offers to vote, and shall have paid his corporation taxes thirty days before an elec- tion, (and none other) shall be entitled to vote in elections held in such incorporated city or tow^n." Referred to Committee on Suffi*age. Mr. Cline offered the follow^ing resolutions : 1. A general diffusion of knowledge being essential to the pre- servation of the liberties of the people, the Legislature shall establish a system of public instruction, and maintain public schools during not less than six months in each year, for the free education of all minor children in this State between the ages of six and eighteen years. 2. The supervision of public instruction shall be vested in a board, composed of the Superintendent of Public Instruction as President, with the Governor, Secretary of State and Attorney Sept. 17, 1875.] CONSTITUTIONAL CONVENTION. 143 General ex-offi.clo — whose powers and duties shall be defined by law. 3. Every county shall constitute a district, and shall have a district superintendent and board of directors, whose selection, qualifications, powers and duties shall be prescribed by law ; irro- vided,, that a city may become a district, and that several dis- tricts may have the same district superintendent. 4. The Board of Public Instruction may remove any district superintendent or director for cause, and fill a vacancy by appointment for the unexpired term. 5. The State free school fund shall consist of all escheats, lands and land certificates and bonds heretofore set apart for pub- lic schools, and the income from said fund, together with not less than one-fourth of the revenue of the State, shall be annually appropriated and distributed among the districts and expended for schools. 6. The county school fund shall consist of four leagues of land — granted and to be granted in trust for public schools — and any other vested property in the several counties, and the income from such fund, together with the proceeds from sale of estrays, fines and forfeitures, all tax on dogs, polls and occupations, and not less than one fourth of the ad valorem taxes on property, shall be annually expended for its schools. 1. The State and county permanent school fund shall be invested in bonds of the United States and bonds of the State of Texas ; the county fund may also be invested in first mortgages on unincumbered real estate in the county — paying taxes on double the value of the loan — together with personal security. 8. No grant shall be made from any public fund to any insti- tution, church or school controlled by any ecclesiastical body, nor in aid of any particular opinions of conscience, creed or church. Referred to Committee on Education. Mr. Erhard offered the following resolution: jResolved^ That the Legislature inquire into the expediency to stipulate and fix an annual salary for district and county clerks and for sheriffs, proportioned to the amount of labor each has to perform, which certainly depends on the number of inhabitants of each county, and in that case the law pass, then the usual fees of said ofiicers to be paid over into the county treasury. Referred to Committee on Legislative Department. Mr. Stayton offered the following resolutions : Resolved^ That the Committee upon Crimes and Punishments be instructed to report a provision to be incorporated into the constitution, making it the imperative duty of the Legislature to 144 JOURNAL OF THE {Sept. 17, 1875. cause to be erected and maintained a lionse of correction, to which all persons under eighteen years of age, who may be con- victed of any crime which under the law may be a felony, shall be sent for punishment. Keferred to Conmiittee on Crimes and Punishments. Resolved^ That the following be incorporated in the constitu- tion : "Sec. — . The Legislature, at its first session after the ratifi- cation of this constitution by the people, shall by law establish in each organized county of the State a poor farm, of not less than one hundred acres of land, upon which shall be erected a poor house, a workshop, a hospital and a house of correction, and all necessary outbuildings for taking care of, managing and employing and supplying the wants of its indigent and poor inhabitants ; and under such regulations as the Legislature may direct, all persons committing petty offenses in the county may be committed to the house of correction for correction and em- ployment ; and the Legislature shall, at its first session after the ratification of this constitution, set apart one league of land for the use arid benefit of each organized county, in order to enable the county to carry out this provision, and the said league of land, or the proceeds derived from the sale of the same, shall be used only in establishing said poor farm and building said poor house of correction, as provided for by this section." Referred to Committee on General Provisions. Mr. German offered the following resolution : Resolved^ That the Committee on Legislative Department be recpiired to report a clause to prohibit the Legislature from grant- ing any more subsidies of land or money to railroads or other corporations. Referred to Committee on Legislative Department. Mr. Stockdale offered the following resolution : 1. No law or laws of this State shall be suspended, except by the Legislature, which may only suspend in the same manner as laws are made or repealed. Whenever a law is suspended, it shall be for a time certain. 2. The \\Y\i oi hnhpfjfi corjiu.s is a writ of right. The right to have this writ from the proper court or judge shall never be sus- pended, except by act of the Legislature. The Legislature shall never sus])end this right, except there be such hostile invasion of the State, by organized or armed force, as shall put in peril the safety of the State ; or sucli rebellion, within the State, as shall make it necessary in order to preserve the authority of the State government, and only in these cases in reference to arrest upon Sept. 17, 1875.J CONSTITUTIONAL CONVENTION. U5 charges, made upon oath, of treason, conspiracy to commit treason, or some other offense, defined by hiw, against the anthority of the government. Nor shall any person be held in arrest npon a charge of offense against the anthority of the gov- ernment, except nnder a judicial warrant. When the right is suspended, in accordance with the foregoing conditions, then a person in arrest, under judicial warrant, may be held in a place of safety and removed, as circumstances may require, by the Executive or under his authority, and shall be so safely held without the benefit of trial, bail or mainprize until the act sus- pending the riglit shall be repealed, or shall expire by its own limitation. 3. Every suspension of tlie right of the writ of haheas corpus by act of the Legislature shall be for a time certain not to exceed months. Referred to Committee on Bill of Rights. Mr. Waelder offered the following resolution : Resolved., That the following be made a part of the constitu- tion : " MODE OF CALLING A CONVENTION AND AMENDING THE CONSTITUTION OF THIS STATE. " Sec. 37. The Legislature, by a vote oi three-fourths of all the members of each house, with the approval of the Governor, shall have power to call a convention of the people, for the pur- pose of altering, amending ur re-forming the constitution of this State ; the manner of electing dtdegates to the Convention, the time and jdace of assembling them, to be regulated by law. "Sec. 3S. The Legislature, at any biennial session, by a vote of two-thirds of all tlu^ members of each house, may propose amendments to the constitution, to be voted upon by persons legally qualified to vote for members of the Llouse of Repre- scDtatives of the State ; which proposed amendments shall be duly publir.hed in th(; ])ul)lic jirints of this State, at least three months before the next general election for representatives to the Legislature, for the considerjition uf the ])eople ; and it shall be the duty of the several returning ofiicers, at said general election, to o))en a poll for, and make returns to the Secretary of State, of the number of legal votes cast at said election, for and against said amendment, and if more than one be proposed, then the numi)er of legal votes cast for and against each of them ; and if it shall appear, from said return, that a majority of the votes cast upon said pro])osed amendment, or amendments, have been cast in favor of the same, and two-thirds of eacli house of 10 146 JOURNAL OF THE {Sept. 17, 1875. the Legislature, at the next regular session thereafter, shall ratify said proposed aniendment, or amendments, so voted upon by the people, the same shall be valid to all intents and purposes, as parts of the constitution of the State of Texas; ])romded^ that the said proposed amendments shall, at each of said sessions, have been read on three several days in each house of the Legis- lature, and the vote thereon shall have been taken by yeas and nays ; and^ ])romded, furtJier, that the rule in the above proviso shall never be suspended by either of said houses." Referred to Committee on Lef>;islative Department. Mr. Cline offered the following resolution : 1. The judicial power sliall be vested in one Supreme Court, in District Courts, County Courts, Municipal Courts, Magistrates and Criminal Courts. 2. The Supreme Court shall have original jurisdiction of im- peachment of State executive officers and District Judges, and appellate jurisdiction of all cases in which the construction of the constitution, or the constitutionality of a statute or charter, is drawn in question ; of all cases of debt wherein the sum claimed (exclusive of interest) shall exceed $2,000 ; of all other cases wherein the sum claimed (exclusive of interest) shall exceed $500 ; of all criminal cases where the penalty is death or impris- onment for five years. 3. The District Court shall have original jurisdiction of such impeachments of inferior officers and magistrates, as maj^ be pre- scribed by law^ ; and appellate jurisdiction and supervision over inferior courts as may be prescribed by law ; and general original jurisdiction of suits for debt and damages wherein the amount claimed (exclusive of interest) shall exceed $500; of divorce, status, lands, liens, writs in equity, and such criminal and other causes as may be prescribed by law. 4. The County Court shall have original jurisdiction in all eases of misdemeanor or petit larceny at common law. In all cases of wills, succession, guardianship, and administration of estates of decedents, minors, lunatics, and drunkards. In suits at law for debt or damages where the sum claimed (exclusive of interest) shall be not less than $100, nor more than $1,000. The municipal magistrate and Criminal Courts shall have such juris- diction as may be prescribed by law. • 5. The Judges of the Supreme, District and Criminal Courts shall be learned in the law, experienced at the bar during .... years ; nominated by the Governor and confirmed l>y the Senate, and shall hold office during good behavior, and be paid by the State. Sept. 17, 1875.] CONSTITUTIONAL CONVENTION. 147 6. The Jiidofes of the County Courts shall be learned in the law, experienced at the bar durin^; .... years ; elected by their county, and shall hold office four years, and be paid a salary fixed by the County Commissioners out of the county treasury. The judge shall preside over the Commissioner's Court. 7. The Supreme Court shall appoint their clerk. Tlie County Clerk shall be elected for four years, and shall have the custody of all county records ; attend the Distiict, County, Criminal and Commissioners' courts of his county, and perform such other duties as ma}' be prescribed by law. 8. The magistrates, sherifis, constables and county commis- sioners shall be elected by the county, shall hold office four years, and shall have such powers and duties and compensation as may be prescribed by law. 9. The Governor, by and with the advice and consent of the Senate, shall commission special judges having the same qualifi- cations required for the Supreme Court, who sliall hear and determine causes on tlie dockets of the Supreme Court at the date of tliG ratification of thislconstitution, to hold such commis- sion until the dockets of the Supreme Court shall be cleared of all causes ready to be tried when called. Such special judges may be assigned as follows : One special judge, with two .Judges of the Su]>reme Court to sit at Tyler ; one special judge, with two Judges of the Supreme Court, to sit at Galveston ; and two special judges, with the Chief Justice of the Supreme Court, to sit at Austin, or vice verm. Referred to Committee on Judiciar}^ Mr. Mur]Jiy offered the following resolution: The Legislature shall, at its first session, provide for a change of venue in civil and criminal cases. Referred to the Committee on Legislative De})artment. Mr. Cline ottered the following resolution : Eesolved^ That the Committee on Agriculture and Stock-rais- ing inquire what provision may be proper to adjust and protect the interests of farmers and stock raisers ; to secure inspection of hides and stock in counties wdiere stockraising is one of the prin- cipal interests of the |)eople. Referred to Committee on Agriculture and Stock-raising. On motion of Mr. Moore Mr. Robeson, of Fayette, was ex- cused for four days, beginning to-morrow. Mr. McCormick oifered the following resolution : ReHolved^ That the Committee on Revenue and Taxation be required to report upon the propriety of incorporating in the constitution a provision that all collectors of State, county, 148 JOURNAL OF THE {Sept. 17, 1875. municipal and school taxes specify in the receipt given by them for such taxes, the several items of real and personal property upon which such tax is demanded. And also the propriety of releasing each tax -payer from the payment of taxes until such itemized bill for the same is pre- sented him. And that said itemized bill shall show for what purposes said taxes are levied, whether for school, general revenue, or other purposes. Referred to the Committee on Revenue and Taxation. On motion of Mr. Waelder Mr. King was excused temporaril}" on account of sickness. Mr. Johnson, of Franklin, offered the following resolution : Resolved^ That the Judiciary Committee be required to in- quire into the propriety of incorporating a pro\dsion in the con- stitution that will effectually prohibit gambling of every charac- ter in this State. Referred to Committee on Judiciary. The Convention then proceeded to consider business on the President's desk. Report of Committee on State Affairs, on resolution making the constitution of 1845 the basis of the constitution about to be framed, was taken up. Mr. Dohoney in the chair : Mr. DeMorse moved to indetinitel}^ postpone action on the sul)ject. Carried. Mr. Dillard's resolution to adjourn until Monday, September 20th, was then taken up. Mr. Reagan offered the following amendment : Ixesolved.) That when the Convention adjourns to-morrow, it adjourn over until Monday, the 27th inst., to enable the com- mittees to prepare their reports for the action of the Convention. Accepted. On motion of Mr. Whitfield the substitute as amended was laid on the table. Mr. Mills moved to adjourn until Tuesday morning, 21st inst., at 9 o'clock. By leave Mr. Floui-noy offered the following resolution : licsolved^ That the Convention do adjourn after each meeting for the next ensuing ten days as soon as tlie minutes shall have been read. And the members of the various committees shall devote themselves energetically to the ])re])aration of the busi- ness of the Convention. Laid over under the rule. Sept. i8, 1875.] CONSTITUTIONAL CONVENTION. 149 On motion of Mr. Floiirnoj the Convention adjourned until 9 o'clock A. M. to-moi'row. TWELFTH DAY. Hall of Repeesentatives, ) Austin, Texas, September 18, 1875. \ Convention met pursuant to adjoiu'nment ; roll called ; quorum present. Prayer by Kev. Mr. Abernethy. Journals of yesterday read and adopted. Mr. Ford presented a memorial from L. G. Lincicum on the subject of embodying in the new constitution a law guaranteeing equality of rights to the practitioners of all the various schools of medicine. Referred to Committee on General Provisions. Mr. Russell, of Wood, presented a petition from the heirs of Yerner, memorializing the Convention to reopen the courts of the State for the adjudication of old Mexican land grants. Referred to Committee on Mexican Land Titles. The following reports of committees were then read: Committee Room, Austin, September 18th, 1875. I0 the Hon. E. B. Pickett^ President oj the Convention: The Committee on General Provisions, to whom was referred a series of resolutions concerning the Superintendent of Public Instruction and a State University, instruct me to return the same, aud reconunend that they be referred to the Committee on Education. Respectfully submitted, C. S. West, Chairman. Committee Room, ) Austin, September 17, 1875. ( To the Hon. E. B. Pickett^ President of the Convention : The Committee on State Affairs, to which was referred the res- olution requiring them to " inquire into the propriety of abolish- ing the office of State Geelogist," have had the same under con- sideration, and have instructed me to report as follows : Up to the present time the labors of the State Geologist have not been productive of any visible good results, yet as Texas is a growing State, and the great natural resources she possesses are almost unknown and undeveloped, it would not be prudent to 150 JOURNAL OF THE {Sept i8, 1875. restrict tlie Legislature from continuing said office, if tlie exigen- cies of the public good should require it. John S. Ford, Chairman. CoMMrrxEE Room, ] Austin, September 17, 1875. f Jo the Hon. E. B. Pickett., President of the Convention: The Committee on State Affairs, to which was referred the resolution relating to the repairing of the capitol building, under the superintendence of F. Yoigt, have had the same under con- sideration, and have instructed me to report the said resolution back, and recommend its adoption by the Convention. John S. Ford, Chairman. Mr. Mills offered the following amendment: " Provided that the cost of the same shall not exceed seventy- live dollars." Adopted. Mr. Martin, of Navarro, moved to lay the resolution on the table. The ayes and nays were demanded, which resulted as follows : Yeas — Arnim, Brown, Blassingame, Barnett, Brady, Bruce, Dohoney, Darnell, Erhard, Flournoy, Fleming, German, Gaither, Graves, Holt, Henry of Smith, Henry of Limestone, Hajmes, Johnson of Collin, Lynch, Martin of Navarro, Martin of Hunt, Mills, Mitchell, McKinney, Moore, Norvell, Pauli, Reagan, Rugely, Robertson of Bell, Ross, Scott, Sessions, Smith, Sansom, Wade, Whitehead, Wright — 39. Nays — Mr. President, Allison, Abner, Blake, Ballinger, Cook of Gonzales, Cooke of San Saba, Cline, Cooley, Douglass, Dil- lard, DeMorse, Dunnam, Davis of Brazos, Davis of Wharton, Ford, Ferris, Flanagan, Holmes, Johnson of Franklin, King, Kilgore, Killough, Lockett, Lacy, McCabe, Morris, McCormick, Murphy, Nunn, Nugent, Ramey, Reynolds, Russell of Harrison, Spikes, Stockdale, Stayton, Waelder, West, Whitfield — 1:0. The question being on the adoption of the resolution, as amended, the yeas and nays w^ere called for with the following result : Yeas — Allison, Abner, Blake, Ballinger, Burleson, Crawford, Cook of Gonzales, Cooke of San Saba, Cline, Cooley, Douglass, Dillard, DeMorse, Dunnam, Davis of Brazos, Davis of Wharton, Ford, Ferris, Flanagan, Holmes, Johnson of Franklin, King, Kilgore, Killough, Lockett, Lacy, Martin of Hunt, McCabe, Mor- ris, McCormick, Murphy, Nunn, Nugent, Pauli, Ramey, Rey- Sept i8, 1875.] CONSTITUTIONAL CONVENTION. 151 nolds, Russell of Harrison, Stockdale, Stay ton, Sansom, Waelder, West, Whitfield— 43. Nays — Abernathy, Arnini, Brown, Blassingame, Barnett, Brady, Bruce, Chambers, Dohoney, Darnell, Erhard, Flournoy, Fleming, German, Gaither, Graves, Holt, Henry of Smith, Henry of Limestone, Haynes, Johnson of Collin. Lynch, Martin of Navarro, Mills, Mitchell, McKinney, Moore, Norvell, Reagan, Rugely, Robertson of Bell, Ross, Russell of Wood, Spikes, Scott, Sessions, Smith, Wade, Whitehead, Wright — iO. By which the resolution was adopted. To the Hon. E. B. Pickett^ President of the Convention : Your Committee on Printing and Contingent Expenses, to whom was referred resolution, '' that those delegates from coun- ties adjacent to the frontier, or such counties wherein no news- papers are pul)lished, be allowed thirty copies each of some paper in the city of Austin which publishes the proceedings of this Con- vention," have had the same under consideration, and have in- structed me to report it back to the Convention, and recommend that it be not adopted. W, D. S. Cook, Chairman. The report was adopted. Also reported as follows : To the ILm. E. B. Piekett^ President of the Convention : Your Committee on Printing and Contingent Expenses, to whom was referred preamble and resolution, in regard to furnish- ing members with envelopes and postage stamps, have had the same under consideration, and have, unanimously, instructed me to report the same back with the following resolution, and re- commend its adoption, viz. : " Resolved^ That the Sergeant -at-arms be and he is hereby directed to furnish each delegate and officer with postage stamps, stamped envelopes and stamped wrappers, to the amount of ten dollars each, and no more, for and during the session of this Convention." W. D. S. Cook, Chairman. Mr. Nunn moved to strike out ten dollars and insert five dollars. Mr. Dillard moved to strike out ten dollars and insert nothing. Lost. . Mr. McCormick moved to indefinitely postpone the whole matter. Lost. 152 JOURNAL OF THE {Sept. 18, 1875. Mr. Ballinger offered the following as a substitute for the re- solution and amendment : Resolmd^ That the Sergeant-at-arms furnish the stationery, postage stamps, wrappers, etc., required by members, making a report of the amount received by each member, to be published in the proceedings of the Convention. The substitute was then adopted by the follow^ing vote : Yeas — Allison, Arnim, Abner, Brown, Blake, Ballinger, Blassingame, Burleson, Brady, Bruce, Crawford, Chambers, Cook of Gonzales, Cooke of San Saba, Cline, Cooley, Dillard, DeMorse, Dohoney, Darnell, Dunnam, Davis of Brazos, Davis of Wharton, Erhard, Foi'd, Fleming, Ferris, Flanagan, German, Gaither, Graves, Henry of Limestone, Haynes, Johnson of Frank- lin, Johnson of Collin, Kilgore, Killough, Lacy, Lynch, Martin of Navarro, Martin of Hunt, McCabe, Morris, McKinney, McCormick, Moore, Murphy, Nugent, Pauli, Reagan, Bamey, Hugely, Reynolds, Robertson of Bell, Ross, Russell of Harri- son, Russell of Wood, Scott, Sessions, Smith, Stockdale, Stayton, Sanson, Whitehead, Wright, Waelder, Whitfield— 67. jS AYS — Abernathy, Barnett, Douglass, Flournoy, Holt, Henry of Smith, Holmes, King, Lockett, Mills, Mitchell, Norvell, Nunn, Spikes, Wade, West— 16. Mr. Whitfield ofiered the following resolution : Besolved, That the Committee on Printing and Contingent Expenses be instructed to contract with some new^spaper pub- lished in the city of Austin for the publication of the daily jour- nal ; and deliver to each delegate five copies of the same. Mr. Martin, of Navarro, proposed to amend by striking out " five " and inserting " one." Mr. McCormick nKjved to amend the amendment by inserting " one to every three delegates." Lost. Mr. Martin's (of Navarro) amendment lost and the resolution adopted. Mr. McCormick moved to reconsider the vote just taken and to lay the motion on the table. Carried. Mr. Burleson offered the following resolution : Resoli)ed^ That the Legislature, at the first session after the adoption of the present constitution, shall provide for the assess- ment and collection of all back taxes due the State and counties. Referred to Committee on Revenue and Taxation. Mr. Scott ofiered the following resolution : Sef^L 20, 1875.J CONSTITUTIONAL CONVENTION. 153 Resolved^ That the following shall be a part of the constitu- tion : " It shall be the duty of the Legislature to provide for the set- tlement of differences by arbitration where parties shall elect that mode of trial." deferred to Committee on Legislative Department. Mr. Brown offered the following resolution : " GENERAL PROVISIONS. " Sec. — . No person shall be prosecuted in any civil action or criminal proceeding for or on account of any act by him done, performed or executed between the first day of January, one thousand eight hundred and sixty-one, and the twentieth day of August, one thousand eight hundred and sixty-six, by virtue of military authority vested in him, or in pursuance of orders from any person vested with such authority by the government of the United States, or of this State, or of the late Confederate States, or any of them, to do such act. And if any action or proceeding shall have been, or shall hereafter be instituted, against any person for the doing of any such act, the defendant may plead this section in bar thereof." Keferred to Committee on General Provisions. Mr. Kamey offered the following resolution : Resolved, That in every county in this State there shall be elected by the qualified voters thereof a County Clerk, who shall be the Clerk of the District, County and Probate Courts of said counties respectively. Shall also be Recorder for the same, and perform such other duties as may be re(piired by law. But in counties containing 10,OOU inhabitants, or more, the Legislature may make provisions to divide the duties of said office and pro- vide for the electing of two clerks in each county, one to be de- nominated District and the other County Clerk, each to perform such duties as may be prescribed by law. Keferred to the Executive Committee. On motion of Mr. Waelder, the Convention adjourned to 9 o'clock A, M. Monday. THIRTEENTH DAY. Hall of Representatives, ( Austin, Texas, September 20, 1875. j Roll called ; quorum present ; prayer by Rev. Mr. Lee. On motion of Mr. Mills, Messrs. Cline and Morris were excused one day. 154 JOURNAL OF THE \Sept 20, 1875. Oil motion of Mr. Chambers, Mr. McKinney was excused tem- porarily on account of sickness. Journals read and adopted. Eeport from Committee on Legislative Department : Committee Room, | Austin, September 20, 1875. f To the Hon. E. B. Pickett^ President of the Convention : The Committee on the Legislative Department, to whom were referred sundry resolutions, have had the same under careful con- sideration, and instruct me to report the accompanying articles as a substitute for the whole subject matter and recommend their adoption. John L. Henry, Chairman. '' Article — . " legislative department. '' Section 1. The Legislative power of this State shall be vested in a Senate and House of Representatives, which together shall be styled " the Legislature of the State of Texas." " Sec. 2. The Senate shall consist of thirty members, and the House of Representatives of ninety members, until the first apportionment after the adoption of this constitution ; when, or at any apportionment thereafter, both houses may be increased by the Legislature, the Senate not to exceed thirty-three members and the House of Representatives not to exceed one hundred members. " Sec. 3. The Senators shall be chosen by the qualified electors for the term of four years, and shall, after the first election under each apportionment, be divided by lot into two classes. The seats of the senators of the first class shall be vacated at the expiration of the first two years, and those of the second class at the expiration of four years, so that one-half of the senators shall be chosen biennially thereafter. " Sec. 4. The members of the House of Representatives shall be chosen by the qualified electors, and their term of oflice shall be two years from the day of their election. " Sec. 5. The Legislature shall meet every two years at such time as may be prescribed by law, and at other times when con- vened by the Governor. The first session under this constitu- tion shall convene on the .... day of .... 1876. " Sec. 6. No person shall be a senator, unless he is a citizen of the United States, and at the time of his election a qualified elector of this State, and shall have been a resident of this State five years next preceding his election, and the last year thereof a Sept. 20, 1875.J CONSTITUTIONAL CONVENTION. 155 resident of the district for which he shall be chosen, and shall have attained the age of thirty years. " Sec. 7. No person shall be a representative unless he be a citizen of the United States, and at the time of his election a qualified elector of this State, and shall have been a resident of this State two years next preceding his election, the last year thereof a resident of the district for which he shall be chosen, and shall hav^e attained the age of twenty-one years. " Sec. 8. Each house shall be the judge of the qualifications and election of its own uienibers, but contested elections shall be determined in such manner as shall be provided by law. " Sec. 9. The Senate shall, at the beginning and close of each session, and at such other times as may be necessary, elect one of its members President jt>r^> tempore^ who shall perform the duties of the Lieutenant Governor in any case of absence or disability of that ofticer, and whenever the said office of Lieutenant Gover- nor shall be vacant. The House of Representatives shall, when it first assembles, organize temporarily, and thereupon proceed to the election of a Speaker from its own members. And each house shall choose its other officers. " Sec. 10. Two-thirds of each house shall constitute a quorum to do business, but a smaller number may adjourn from day to day, and compel the attendance of al»sent memi)ers, in such man- ner and under such penalties as each house may provide. " Sec. 11. Each house may determine the rules of its own pro- ceedings, ])unish members for disorderly conduct, and, with the consent of two-thirds, expel a member, but not a second time for the same ofiense. '' Sec. 12. Each house shall keep a journal of its proceedings, and publish the same ; and the yeas and nays of the members of either house on any question shall, at the desire of any three members present, be entered on the journal. " Sec. 13. When vacancies occur in either house, the Governor, or the person exercising the power of the Governor, shall issue writs of election to fill said vacancies ; and should the Governor fail to issue a writ of election to fill any such vacancy, within tw^enty days after it occurs, the returning officer of the district, in which such vacancy may have happened, shall be authorized to order an election for that purpose. "Sec. 14. Senators and representatives shall, except in cases of treason, felony, or breach of the peace, be privileged from arrest during the session of the Legislature, and in going to and returning from the same, allowing one day for every twenty 156 JOURNAL OF THE {Sept. 20, 1875. miles, such member may reside from the place at wliich the Legislature is convened. " Sec. 15. Each house may punish, by imprisonment, during its sessions, any person not a member for disrespectful or dis- orderly conduct in its presence, or for obstructing any of its pro- ceedings ; 2>rovided^ such imprisonment shall not, at any one time, exceed forty-eight hours. " Sec. 15. The sessions of each house shall be open, except when the Senate is in executive session. " Sec. 17. Neither house shall, without the consent of the other, adjourn for more than three days, nor to any other place than that where the Legislature may be sitting. " Sec. 18. No senator or representative shall, during the term for which he may be elected, be eligible to any civil office of profit under this State, which shall have been created, or the emoluments of which may have been increased during such term ; no member of either house shall, during the term for which he is elected, be eligible to any office or place, the appoint- ment to which may be made, in whole or in part, by either branch of the Legislature, and no member of either house shall vote for any other member for any office whatever, which may be filled by a vote of the Legislature, except in such cases as are in this constitution provided. Nor shall any member of the Legis- lature be interested, either directly or indirectly, in any contract with the State, or any county thereof, authorized by any law passed during the term for which he shall have been elected. '' Sec. 19. No judge of any court, Secretary of State, Attorney General, clerk of any court of record, or any person holding a lucrative office under the United States or this State, or any foreign government, shall be eligible to the Legislature. " Sec. 20. No person who at any time may have been a col- lector of taxes, or who may have been otherwise entrusted with public money, shall be eligible to the Legislature, or to any office of profit or trust under the State government, until he shall have obtained a discharge for the amount of such collections, or for all public moneys with which he may have been entrusted. " Sec. 21. No member shall be questioned in any other place for words spoken in debate in either house. " Sec. 22. A member who has a personal or private interest in any measure or bill, proposed, or pending, before the Legis- lature, shall disclose the fact to the house of which he is a mem- ber, and shall not vote thereon. " Sec. 23. If any senator or representative remove his resi- dence fiom the district or county for which he was elected, his Se/>^. 20, iSyS'l CONSTITUTIONAL CONVENTION. 157 office shall thereby become vacant, and the vacancy shall be filled as prescribed in section 13 of this article. " Sec. 24. The members of the Legislatnre shall receive from the public treasury snch compensation for their services as may, from time to time, l)e provided by law, not exceeding- live dollars per day for theHrst sixty days of each session, and after that not exceeding two dollars per day for tlie remainder of the session ; except the first session held under this constitution, when tliey may receive not exceeding five dollars per day for the first ninety days. In addition to per diem the members of each house shall be entitled to mileage in going to and returning from the seat of government ; which mileage shall not exceed five dollars for ever}" twenty-five miles, the distance to be computed l)y the nearest and most direct route of travel by land, regardless of railways or water routes ; and the Comptroller of the State shall prepare and preserve the table of distances to each county seat now or hereafter to be established, and by such table tlie mileage of each member shall be paid ; but no member sJiall be entitled to mileage for any extra session that may l)e called within one day after the adjournment of a regular session. " Sec. 25. The State shall l)o divided into Senatorial Dis- tricts of com])actand contiguous territory, according to the num- ber of qualified electors, as nearly as nuiy be, and each district shall be entitled to elect one senator ; and no single county shall be entitled to more than ona senator. ^"See. 26. The members of the House of llepresentatives shall he a]^portioned among the several counties, according to the number of ])Opulation in each, as nearly as may be, on a ratio obtained by dividing the ])opulation of the State, as ascertained by the most rec^ent United States census, by the numljer of mem- bers of which the house is composed ; jyrov/yfid^ that whenever a single county has sufiictient ])opulation to be entitled to a rc])- sesentative, sucli county shall he formed into a separate repre- sentative district, and when two or more counties are required to make up the ratio of representation, such counties shall be con- tiguous to each other, and where any one county has more than sufficient population to be entitled to one or more representatives, such representative or representatives shall be apportioned to such county, and for any surplus ertson, one. Twenty-sixth District — Brazos, one. Twenty-seventh District — Grimes, one. Twenty-eighth District — Grimes and Madison, one. Twenty-ninth District — Walker and Trinity, one. Thirtieth District — Montgomery, one. 160 JOURNAL OF THE {Sept. 20, 1875. Thirty-lirst District — Harris, two. Thirty-second District — Harris and Chambers, one. Thirty-third District — Galveston, two. Thirtj-foiirth District — Galveston, Brazoria, Matagorda, one. Thirty -fifth District — Wharton, Fort Bend and W^aller, two. Thirty-sixth District — Austin, one. Thirty-seventh District — Washington, one. Thirty-eighth District — ^^Washington and Burleson, one. Thirty-ninth District — Falls, Milam and Bell, three. Fortieth District — Limestone, one. Forty-first District — Freestone, one. Forty-second District — Navarro, one. Forty-third District — Ellis, one. Forty-fourth District — Dallas, two. Forty-fifth District — Collin, one. Forty-sixth District — Grayson, two. Forty-seventh District — Grayson and Collin, one. Forty-eighth District — Cook, one. Forty-ninth District — Denton, one. Fiftieth District— Clay, Montague and Wise, and unorganized counties west of Clay, one. Fifty-first District — Tarrant, one. Fifty-second District — Parker, Jack and Young, and unorgan- ized counties west of them, one. Fifty-third District — Johnson, one. Fifty-fourth District — Hill, one. Fifty-fifth District — McLennan, one. Fifty-sixth District — Jackson, Calhoun, Victoria, DeWitt, Aransas, Refugio, Bee and Goliad, two. Fifty-seventh District — Colorado and Lavaca, two. Fifty-eighth District — Gonzales, one. Fifty-ninth Disti-iet — F\iyettee, one. Sixtieth District — Bastrop, one. Sixty-first District — Fayette and Lee, one. Sixty-second District — Caldwell, Gaudahipe and Hays, two. Sixty-tliird District — Travis, one. Sixty-fburtli District — Travis and Blanco, one. Sixty-fifth District — Williamson and Lampasas, one. Sixty-sixth District — Coryell, Hamilton, Brown, Coleman, and unorganized county of Runnels, one. Sixty-seventli District— I>osque, Summerville and Flood, one. Sixty-eighth District — Erath, Comanche, Palo Pinto, Eastland, Sliackleford, arul unorganized counties of StejJiens, Jones, Calla- han and Taylor, one. Sept 20, 1875.J CONSTITUTIONAL CONVENTION. 101 Sixty-ninth District — Bexar, one. Seventieth District — Bexar and Comal, one. Sexenty-first District — (Jvalde, Medina, Bandera, Kendall, Kerr, Gillespie, Menard, and nnorganized connties of Edwards and Kimball, one. Seventy-second District — Llano, Mason, San Saba, Burnet, McCulloch and Concho, one. Seventy-third District — El Paso, Presido, Pecos, Tom Green and Crockett, one. Seventy-fonrth District — Cameron, Hidalg'O, Starr, Zapata and Webb, one. Seventy-fifth District — Nueces, Frio, Maverick and Kinney, and the unor2:anized counties of Duval, Encinal, McMullen, La Salle, Dimitt and Zavalhi, one. Seventy-sixth District — San Patricio, Live Oak, Karnes, Wil- son and Atascoso, one. Seventy-seventli District — Cherokee, Rusk, Panola, Shelby and Harrison, one. " PROCEEDINGS. " Sec. 29. The enacting chiuse of all laws shall be: ^Beit enacted by the Lt^gislature of the State of Texas.' " Sec. 3(K No law shall be passed excej)t by bill, and no bill shall be so amended, in its passage through either house, as to change its original pur|)ose. " Sec. 31. Bills may originate in either house, and, when passed by such house, may be amended, altered or rejected by the other. "Sec. 32. No bill shall have the force of a law until it has been read on three several days in each house and free discussion allowed thereon ; but in cases of imperative necessity (which necessity shall be stated in a preaml)le), four-fifths of the house in which the bill may be pending may suspend this rule, the yeas and nays being taken on the question of suspension and entered upon the journals. " Sec. 33. All l)ills for raising revenue shall originate in the House of Representatives, but the Senate may amend or reject them as otlier bills. " Sec. 34. After a bill has been considered and defeated by either house of the Legislature, no bill or resolution, containing the same substance, shall be passed into a law during the same session. " Sec. 35. No lull (excej)t general appropriation bills, which may embrace the various subjects and accounts, for and on ac- 11 162 JOURNAL OF THE {Sept. 20, 1875. connt of which moneys are appropriated,) shall contain more than one subject, which shall be expressed in its title. But if any snbject shall be embraced in an act, which shall not be ex- pressed in the title, such act shall Ije void only as to so much thereof, as shall not be so expressed. " Sec. 36. No law shall be revived or amended by reference to its title ; Init in snch case the act revived, or the section or sec- tions amended, shall be re-enacted and published at length. "Sec. 37. No bill shall be considered unless it has been first referred to a committee, returned therefrom, and printed for tlie use of the members. " Sec. 38. The presidino- uihcer of each house shall, in the presence of the house over which he presides, sign all bills and joint resolutions passed by tlie Legislature, after their titles have been puplicly read before signing, and the tact of signing shall be entered on the journal. " Sec. 39. No law passed by the Legislature, except the general appropriation act, shall take effect or go into force until ninety days after the adjournment of the session at which it was enacted, unless in the case of an emergency (which emergency must be expressed in the preamble or in the body of the act), the Legisla- ture shall, by a vote of two-thirds of all the members elected to each house, otherwise direct ; said vote to be taken be yeas and nays and entered upon the journals. "Sec. 40. When tlie Legislature shall be convened in special session, there shall be no legislation upon subjects other than those designated in the proclamation of the Governor calling such session ; and no such session shall be of longer duration than thirty days. " Sec. 41. Every bill which shall have passed both houses of the Legislature, shall be presented to the Governor, who, if he approve, shall sign it ; but if not, he shall return it, with his objections, to the house in which it originated ; such house shall enter the ol)JGctions at large upon its journals and proceed to re- consider such bill. If, after such reconsideration, two-thirds of the members present shall agree to ])ass the bill, it shall be sent, with the ol)jections, to the other house, by whom it shall like- wise be re-considered. If a})proved by two-thirds of the mem- bers present of that house, it shall become a law ; but in such cases the votes of both houses shall be taken by yeas and nays, and the names of the members voting for or against the bill, shall be entered on the journals of each house respectively. If any bill shall not be returned by the Governor within ten days, Sun- days excepted, after it shall been presented to him, the same Sept 20, 1875.J CONSTITUTIONAL CONVENTION. 163 shall become a law in like manner as if he had signed it, unless the Legislature, by their adjournment, prevent its return, in which case it shall be a law, unless he shall file the same with his objections in the office of the Secretary of State, and give notice thereof by public proclamation within thirty days after such adjournment. The Governor may approve any appropria- tion, and disapprove any other ap]>ropriation in the same bill. In such case he shall, in signing the bill, designate the appropriations disapproved, and return a copy of such ap])ropriations, with his objections, to the house in which the bill shall have originated ; and the same proceedings shall then be had as in the case of other bills disapproved by the Governor ; but if the Legislature has adjourned before the 1)111 is returned to the house, he shall return the same to the Secretary' of State, with his objections. '' REQUIREMENTS AND LEVIITATIONS. " Sec. 42. The Legislature shall pass such laws as may be necessary to carry into elfect the provisions of this constitution. '' Sec. 43. The first session of the Legislature under this con- stitution shall provide for revising, digesting or codifying and publishing tiie laws, civil and criminal ; and a like revision, digest or codification and publication may be made every ten years thereafter. " Sec. 44. The Leo-ishiture shall provide by law for the com- pensation of all officers, servants, agents and public contractors not provided for by this constituticm, but shall not grant extra compensation to any officer, agent, servant or public contractor after such ])ublic service shall have been performed, or contract entered into for the performance of the same ; nor grant, by appropriation or otherwise, any amount of money out of the Treasury of the State, to any individual, on a claim, real or pre- tended, when the same shall not have been provided for by pre- existing law. *' Sec. 45. The power to change the venue in civil and crim- inal cases shall be vested in the courts, to be exercised in such manner as shall be provided l^y law ; and the Legislature shall pass laws tor that ])ur])ose. "Sec. 4(). The Legislature shall, at its first session after the adoption of this constitution, enact efiective vagrant laws. " Sec. 47. The Legislature shall pass laws prohibiting the establishment of lotteries or gift-enterprises in this State, as well as the sale of tickets in lotteries, gift-enterprises or other evasions involvirjg the lottery principle, established or existing in other States. " Sec. 48. Tlie Legislature shall not have the right to levy 104 JOURNAL OF THE {Sept. 20, 1875. taxes or impose burdens upon the people, except to raise revenua sufficient for tlie economical administration of the government, in which shall be included the following purposes : '•• The payment of all interest upon the bonded debt of the State, that may become due during the term for which each Leg- islature is elected ; the benetit of the sinking fund, which shall not be more than two percentum of the public*, debt ; the sup- port of public schools ; the payment of the cost of assessing and collecting the revenue; the payment of all officers, agents and employes of the State government, and all incidental expenses connected therewith ; the support of the eleemosynary institu- tions of the State ; the enforcement of quarantine regulations on the coast of Texas; the ]^rotection of the frontier. " Sec. 49. The Legislature shall have no power to contract or authorize the contracting of any debt or liability on behalf of the State, (except in cases of insurrection or invasion, and then only to the amount of live hundred thousand dolhars) or to issue bonds or other evidences of indebtedness therefor, except in the renewal of existing bonds, when they can not be paid at maturity out of the sinking fund or other resources. "Sec. 50. The Legislature shall have nu power to give or to lend, or to authorize the giving or lending, of the credit of the State in aid of, or to any person, association or corporation, whether municipal or other, or to pledge the credit of the State in any manner whatsoever for the payment of the liabilities, pres- ent or prospective, of any individual, association of individuals, municipal or otlier corporation whatsoever. " Sec. 51. The Legislature shall have no power to make any grant, or to authorize the making of any grant, of public money to any individual, association of individuals, municipal or other corporation whatsoever; provided,, that tliis shall not l)e so con- strued as to prevent the gi'ant of aid in a case of public calamity. " Sec. 52. The Legislature sliall have no power to authorize any county, city, town or other political corporation, or sul)divis- ion of the State, to lend its credit or to grant public money or thing of value in aid of^ or to any individual, association or cor- poration whatsoever, or to become a stockholder in such corpo- ration, ass(jciation or com[)any. "Sec. 53. The Legislature shall have no [jower to grant, or to authorize any county or municipal authority to grant any extra com])ensation, fee or all(»wance to a pul)lic otHcer, agent, servant or contractor, after service has been rendered, or a contract has been entered into and ])eribrmed in wliole or in part ; nor pay, nor authorize the payment of any claim hereafter created against Sept. 20, 1875.] CONSTITUTIONAL CONVENTION. 165 any county or nuinicipality of the State, nnder any agreement or contract made without express authority of law. *' Sec. 54. The Legishiture shall have no power to release or alienate any lien held by the State upon any railroad, or in any- wise change the tenor or meaning, or pass an act explanatory thereof; but the same shall be enforced in accordance with the original terms upon which it was acquired. " Sec. 55. The Legislature shall have no power to release or extinguish, or authorize the releasing or extinguishing, in whole or in part, the indebtedness, liability or obligation of any cor- poration ur individual to this State, or to any county or other municipal corporation therein. Sec. 56. The Legislature shall nut pass any local or special law authorizing the creation, extension or impairing of liens ; regulating the affairs of counties, cities, wards or school dis- tricts ; changing the names of persons or places ; changing the venue in civil or criminal cases; authorizing the lay- ing out, opening, altering or maintaining roads, highways, streets or alleys ; relating to ferries or bridges, or incorporating ferry or bridge companies, except for the erection of bridges crossing streams which form boundaries between this and any other State ; .vacating roads, tow^n plats, streets or alleys ; re- lating to cemeteries, grave-yards or public grounds not of the State ; authorizing the adoption or legitimation of children ; locating or changing county seats ; incorporating cities, tow^ns or villages, or changingjtheir charters ; for the opening and conduct- ing of elections, or fixing or changing the places of voting ; granting divorces; creating offices or prescribing the powers and duties of officers in counties, cities towns, election or school dis- tricts ; changing the law of descent or succession ; regulating the practice or jurisdiction of, or changing the rules of evidence in in any judicial proceeding or inquiry before courts. Justices of Peace, Sheriffs, Commissioners, arbitrators or other tribunals, or providing or changing methods for the collection of debts, or the enforcing of judgments, or prescribing the effect of judicial sales of real estate ; regulating the fees or extending the powers and duties of Aldermen, Justices of the Peace, Magistrates or Con- stables ; regulating the management of public schools, the build- ing or repairing of school houses and the raising of money for such purposes ; fixing the rate of interest ; affecting the estates of minors or persons under disability ; remitting tines, penalties and forfeitures, or refunding moneys legally paid into the treas- ury ; exempting property from taxation ; regulating labor, trade, mining and manufacturing ; declaring any named person of age ; 166 JOURNAL OF THE {Sept 20, 1875. extending the time for the assessment or collection of taxes, or otherwise relieving any assessor or collector of taxes from the due performance of his official duties, .or his securities from lia- bility; giving effect to informal or invalid wills or deeds; sum- moning or empanneling grand or petit juries ; for limitation of civil actions ; and in all other cases, when a general law can be made applicable, no local or special law shall be enacted. " Sec. 57. No local or special law shall be passed, unless notice of the intention to appl}- therefor shall have been pub- lished in the locality, where the matter or thing to be affected may be situated, which notice shall state the substance of the contemplated law, and shall be published at least thirty days prior to the introduction into the Legi^liture of such bill and in the manner to be provided by law ; the evidence of such notice having been published shall be exhibited in the Legislature, before such act shall be passed. the Legislature in their discretion to extend its benefits to per- sons now" undergoing sentence. Another section has also been prepared by us, which we think ought to be incorporated in the constitution, wdiich declares in substance that all convicts and persons undergoing sentence of imprisonment in any peniten- tiary, house of correction, house of refuge, jail, or»other place in this State, shall be fed, clothed, lodged and treated with care and humanity ; that no greater amount of labor shall be required of them than their health and strength may render proper ; that they shall not be subjected to cruel, unusual and degrading pun- ishment, and requiring the Legislature to pass appropriate laws to secure all such persons humane treatment and to punish all violators of such provision or the laws which may be passed for the enforcement thereof. In the opinion of some the insertion of such a provision in the fundamental law may seem too much like legislation. We find, however, in the constitution of New Hamp- shire, part 1, article 18, this provision : *' All penalties ought to be proportionate to the nature of the offense. No wise Legisla- ture will affix the same punishment to the crimes of theft, for- gery and the like wliich they do to those of murder and treason. Where the same undistinguishing severity is exerted against all offenses, the people are led to forget the real distinction in the crimes themselves, and to commit the most flagrant with as little compunction as they do the lightest ofienses. For the same rea- son, a multitude of sanguinary laws is both impolitic and unjust, the true design of all lyunialwient heing to i^eform.^ not to exter- ininafje mankind^ Article 1, section 16, of the constitution of Georgia, declares Sept. 20, 1875.J CONSTITUTIONAL CONVENTION. lOV that " no person shall be abased in being arrested, while under arrest, or in prison.""* The constitution of Delaware, article 1, section 11, declares that in the construction of jails " proper regard shall be had to to the health of the prisoners," and the constitution of Tennes- see, in addition to the requirement that prisons shall be " ^c^e aivd comfortaJjle^^ requires the Legislature to provide for the ^^ hv/tnane treatment of prhoiiersP Other references might be given, but these will suffice to show that the insertion of tlie section prepared by us on this subject would not be the introduction of a novelty in organic law. We think in view of our recent history it would be eminently proper to declare in this solemn form the enlightened and hu- mane views we hold upon this subject, and in so doing lay down an unchangeable rule for the guidance of our law-makers and courts in atfording protection to this unfortunate class of our people. We can not, if w^e would, shut our eyes to the fact that a convict is still a living being ; that he has a body that can be starved and tortured, and feelings that can be wantonly lace- rated. When he enters the walls of a prison to serve out his sentence for a given tinie he is in the custody of the State. To the State only can he appeal for food and for protection against brutal outrage. He has offended against the law and must pay the penalty. Beyond requiring him to pay this penalty, and while so doing, as far as possible to be self-sustaining, the State has no demands upon him. To the penalty should not be added needless misery and degradation. To impose harsh conditions not necessarily embraced in the due execution of the sentence, is to inflict an injury which naturally aw^akens in the breast of the sentenced a feeling of hatred towards society itself, and produces a demoralization which leads to crimes of a worse character after the appointed term is served out. Take a man who had always borne the character of a good citizen, who, in the transport of passion, com- mits an offense which consigns him to the penitentiary — starve him, apply the lash, ride him on " the horse," in other words, treat him as a brute — and not as a human being during his con- finement, and you produce a feeling of despair and desperation which makes him ripe for any crime w^hen his prison doors are opened. In such cases does not society itself offend % We have also prepared a section upon the subject of a house of correction for juvenile offenders. We think it should be made the duty of the Legislature at its first session after the adoption of this constitution, to provide for the immediate establishment 108 JOURNAL OF THE {Sept 20, 1875. of such an institution, in which all juvenile ofFenders under the a2;e of eighteen years, not punishable under the direction of the county authorities, shall be confined, and preventing any such oifenders, except in case of sentence for life, from being sent to the penitentiary. The constitutions of several of the States con- tain provisions upon this subject. A list of some twenty States, with the character of the reformatory^ institutions established by them, will be found on page 128 of the report of the Commis- sioners. Twenty years ago our State committed itself to the policy of adopting such an institution by making full provision therefor in the Penal Code, art. 1ST et seq. Our legislators then declared that the principal design of a house of correction was to reform and improve the moral condition and character of juvenile offenders, and that all officers charged with the duty of the man- agement and discipline thereof should use kind and pursuasive measures to produce the reformation of the persons under their care. The necessity for action in this direction is now urgent. From the best information we can obtain, the number of convicts now confined in the Penitentiary, under twenty-one years of age, is not less than one thousand, some of them are mere children, and in a statement of the Inspector, furnished the Commission, two of them are reported as being under ten years of age. The mingling of young persons with hardened and depraved convicts can but prove pernicious. No better school to educate them in crime could be devised. In the end society must lose by so manitiest a disregard of a wise philanthropy and indiffer- ence to its best interests. To take a mere child for driving stock from its accustomed range, or even for stealing a yearling, worth perhaps two dollars (things that some of his neighbors may have grown rich by doing, and whose wealth enables them to success- fully defy the law) and send him to the Penitentiary, not only disgracing him for life but placing him beyond the reach of moral instruction and in daily association with the vile, the des- perate and the hardened criminal, is, it seems to us, a great wrong, a wrong to the youthful ofi'ender and an injury to society. The percentage of juvenile convicts sent to houses ol correction and who are afterwards returned, is very small compared to the num- ber of tliose of the older ofibnders confined in tlie penitentiaries. With the former the statistics show that reformatory efibrts have been crowned with success. We sincerely trust that the Conven- tion will agree with us as to the importance of requiring the es- lablishment of such an institution as is contemplated in the sec- tion prepared by us. We have now about two thousand peni- Sept. 20, 1875.] CONSTITUTIONAL CONVENTION. 169 tentiary convicts in this State, and the nnmber is rapidly in- creasing— perhaps in no State in the Union is the number so large. Their management and the utilization of their labor pre- sent questions fur consideration that may well arrest the atten- tion of this body. The Fourteenth Legislature at its last session passed a law fur the building of two additional penitentiaries, and we understand they have already been located. If we are to judge of the probable cost of these addditiunal penitentiaries, machinery, etc., by the cost of the one at Iluntsville, the State will soon be called upon to make an outlay of something like a million of dollars, to say nothing of the money required to pay a retinue of ofhcers and guards for their management. If it is the the policy to keep all convicts confined in prison walls and mat- ters go on as they are nuw, several more penitentiaries will soon be required. '' Article — . " MODE OF CALLINTCt A CONVENTION AND AMENDIN(i THE CONSTITU- TION OF THIS STATE. ** Sectiun 1. The Legislature, l)y a vute of three-fuurths of all the members uf each house, with the appruval of the Gov^ernor, shall have the power to call a convention of the people, for the purpose of altering, amending, or reforming the constitution of this State ; the manner of electing delegates to the convention, the time and place of assembling them, to be regulated by the law calling such convention. " Sec. 2. The Legislature, at any biennial session, by a vote of two-thirds uf all the members uf each house, may propose amendments to the constitution, to be voted upon by the quali- fied electors for members of the House of Hepresentatives, which proposed amendments sludl be duly published once a week for four wrecks, commencing at least three months before the next election for representatives to the Legislature, in one weekly newspaper of each county, in which such a newspaper may be published ; and it shall be the duty of the several returning officers at said election, to open a poll for, and make returns to the Secretary of State, of the number of legal votes cast, at said election, for and against said amendment ; and if more than one be proposed, then the number of votes cast for and against each of them ; and if it shall a))pear from said return that a majority of the votes cast upon said amendment or amendments, have been cast in favor of the same, and two-thirds of each house of the Legislature, at the next regular session thereafter, shall ratify said proposed amendment or amendments, so voted upon by the people, the same shall be valid, to all intents and pur- 170 JOURNAL OF THE {Sept. 20, 1875. poses, as part of the constitution of the State of Texas; pro- vided^ that the said proposed aineiidments shall, at each of said sessions, have been read on three several days in each house of the Leorislature, and the vote thereupon shall have been taken by yeas and nays ; and provided further^ that the rule in the above proviso shall never be suspended by either house. Mr. Russell, of Harrison, gave uotice of a minority report from the Committee on Legislative Department. Mr. Brown moved that 400 copies of the report and proceed- ings just read be printed for the use of the Convention. Mr. Wade moved to amend by substituting 200 copies. Mr. Brown's motion carried, and 400 copies ordered. Mr. West presented a memorial from the Texas State Medical Association and physicians of Travis county. Referred to Committee on State Affairs. Mr. Cook, of Gonzales, submitted the following report: Committee Room, ) Austin, September 18, 1875. \ To the IIoii. E. B. Pickett^ President of the Coiiventloii : Your Committee on Printing and Contingent Expenses, in pursuance of resolution of this date adopted by the Convention, have contracted with John D. Logan & Co., publishers of the Evening News^ for publishing the daily journals of the Conven- tion in the Evening JSfevJs^ and to deliver to each delegate daily five copies of the same, for the sum of eleven dollars and twenty- five cents ($11 25) per day, and have instructed me to report accordingly. W. D. S. Cook, Chairman. On motion of Mr. Mills the report was adopted. Mr. McCormick submitted the following report: Committee Room, ] Austin, September 17, 1875. \ To the lion. E. B. Pid'ett^ President of the Convention: Your committee, to whom was referred the resolution to inquire into the present management of the State Penitentiary, and report what action, if any, is necessary to be taken by this Convention in relation thereto, beg leave to submit the following report and recommendations : During the past summer the public mind was greatly excited over the alleged mismanagement of the Penitentiary by the present lessees. Charges, apparently well founded, of cruelty to and abuse of convicts were in general circulation. His Excel- lency, Governor Coke, in obedience to a public demand, and acting upon information in his possession, which fully justified. Sept. 20, 1875.J CONSTITUTIONAL CONVENTION. 171 if it did not impel the course pursued by him, promptly appointed a special commission, composed of Hon. A. J. Peeler, Assistant Attorney General, and the Hons. D. H. Triplett and Tillman Smith, to make a thorough investigation into the matter and report thereon. This conmiission visited in person the Peniten- tiary at Huntsville and various points at which convicts were employed outside of the walls. Their report, copies of which can be obtained by the members of this Convention from the Secretary of State, is full and exhaustive, and embraces among other things, the history of the present lease, with copies thereof, the laws of the State concerning the Penitentiary, the condition of the Penitentiary when it went into the hands of the lessees, a schedule of the property, its value, etc., turned over to them, the expenditures made by the lessees in the way of improve- ments, and their estimated value, the manner in w^jich the various officials have discharged their duties, and the manner in which the convicts have been fed, clothed, lodged, punished, etc. We have examined this report with care, and have no reason to doubt the statements made or the correctness of the conclusions reached by the commissioners, who seem to have discharged their duty with great ability, faithfulness and strict impartiality. The evidence taken by them is on iile in the Governor's office, and was placed by His Excellency at our disposal, but owing to its voluminousness, the length of time required to examine it in detail, the fact that the report of the commission gives in brief its purport and effect, we have thought it neither desirable nor necessary to encumber our report with extracts therefrom. That the convicts have not been properly fed, clothed and lodged ; that they have been, in many instances, subjected to cruel and shocking punishments, is established beyond doubt. Since the report of the Commissioners, matters seem to have improved somewhat, except as to food — this at times has been wholly insufficient. The Governor, as we learn, has been in con- stant apprehension that he would, on this and other accounts, be compelled to resume possession for the State. Stringent rules and by-laws for the government of the Penitentiary, framed to secure, as far as possible, humane treatment of the convicts, have been put in operation by the Governor and Directors. Excessive and harsh punishments, at the hands of irresponsible guards, are now seldom, if at all, inflicted. For the sake of humanity and for the credit of the State, it can but be gratifying that reforms, which were so much needed, were so promptly inaugurated. But we do not believe it possible, under the present leasing system, with the convicts scattered about over the State, on rail- 1V2 JOURNAL OF THE {Sept. 20, 1875. roads and plantations, as they mnst necessarily be, owing to the want of capacity of the buildings at Himtsvalle, to secure the convicts proper treatment. Not only is it out of the question to properly care for and protect them from abuse while this is the case, but reformatory measures are wholly impracticable. The latter we regard (aud it has been so declared by our laws from the beginning) as one of the chief objects of punishment, and should not be lost sight of. While there is a considerable difference of opinion as to the ])Ositive and general beneficial effects of moral and secular instruction upon convicts, all agree that what is known as a '' good-time law," accomplishes much in the way of stimulating them to obedience to prison rules and regulations, and to good conduct. By this law the convict who is industrious and observant of the rules and regulations of the prison, is allowed certain time by which his sentence is short- ened. A copy of such a law, with some conmients thereon, will be found on page 119 of the report of the Commissioners. We think this reformatory measure, which is now adopted by nearly all the States, is of sufficient importance to direct, by constitutional provision, its adoption in this State, and have prepared a section, to be incorporated in its a]jpropriate place, not only requiring the passage of such a law, but authorizing AVe think it is tiuie to pause before going further in this di- rection. We believe that the expense of erecting more than one additional penitentiary can be avoided. To begin at the beginning the fault lies, to a great extent, in our criminal laws. For many offenses for which persons should be punished in their county, by being compelled to work in chain gangs, if necessary, on the public roads or in county work houses, they are now sent to the penitentiary. We have heard of instances where yjersons, some of them children, have been sent to the penitentiary for the theft from a house of a box of matches, a plug of tobacco, or some other ar- ticle of insignificant value. With proper changes in our criminal law, and applying, if need be, through authorized legislation or executive pardon the benefits of such changes to those already convicted, and v/ho have served a sufficient length of time to pay the penalty of their offenses, according to the more just standard to be adopted, and further by extending the benefit of the '' good-time law " to those already convicted, and by remov- ing from the penitentiary to a house of correction all the juve- nile convicts. We believe that the present penitentiary will hold all the convicts that ought to be thus confined. We think before any additional penitentiaries are built that these measures Sept. 20, 1875. 1 CONSTITUTIONAL CONVENTION. 173 should be adopted, and especiall}^ a house of correction estab- lished for the younger oifenders. Then if the }>resent Penitentiary be found insufficient, a new one could be built, if the excess was not large, some of the convicts under proper regulations to pre- vent their escape and to insure their ]u*o))er treatment, might be employed on pul)lic woi-ks. The lal)urof a consideral)le number could no doubt l»e utilized in the building; of the house of cor- recti on referred to. Before concluding onr report we desire to again advert to tlie fact that the Penitentiary may suddenl}' be thrown back upon the State. If the lessees should be unable to feed anil clothe the convicts, no other alternative would be left. We have reason to believe that the Governor has been in constant apprehension of such a contingency. With two thousand convicts suddeidy thrown u])on his hands, without a dollar with which to buy food and clothing or em])loy guards, his position wouhl l)e most em- barrassing, lie has sought and will we believe continue to avert such an issne, but still it may come, and, it seems to us, the Con- vention should take such action as may be in its power to enable him, if the State is forced to I'esuuie pijssession, to do so. We should, in justice to oui-selves, ha\e taken more time in the pre- paration of this report, but for the fact that we thought it im- ])ortant to bring the n)atters herein contained to the attention of the Convention at an early day, that they might receive mature consideration. We respectfully ask to bt* discharged from the further consid- eration of this subject. SECTIONS I'KOJ'OSEO To UK INCOKPOKATEU IN THK NP:W CONSTITUTION AND RKCOMMKNDEl) UY THE C'OMMriTEE. *' Section — . All convicts and persons undergoing sentence of imprisonment in any j^enitentiary, house of correction, house of refuge, jail, or other j)lace in this State, shall be fed, clothed, lodged and treated with care and humanity, and no greater amount of labor shall be recjuired of them than their health and strength may render proper, nor shall they be subjected to any cruel, unusual (jr degrading punishment ; and the Legislature shall pass appropriate laws to secure to all such ])ersons humane treatment and to punish all violators of this section and of the laws passed for the enforcement hereof "Sec. — . The Legislature shall pass such \good-time ' and other laws as will encourage all convicts and others sentenced to imprisonment to industry, obedience and good conduct during 174 JOURNAL OF THE {Sept. 20, 1875. their confinement, and may extend the benefits of such laws to all now undergoing sentence. " Sec. — . The Legislature shall, at its first session after the adoption of this constitution, provide for the establishment of a house of correction, in which all juvenile ofitenders under the age of eighteen years, not punishable under the direction of county autiiorities, shall be confined, and such juvenile ofienders shall not be sent to a penitentiary^ unless sentenced to imprison- ment for life." Geo. McCokmick, for Coin^mittee. Mr. Mills ofiered the tbllowing resolution : Whereas, The present Constitutional Convention having re- duced their salaries three-eighths of the original amount, or that which was paid members of the Legislature, and have promised their constituents and the people generally to practice rigid re- trenchment ; therefore be it Resolved^ That it is the sense of this Convention that all State oflicers created by the new constitution shall be subject to a like reduction. That the salary of the Governor shall be $3,125; that of Supreme Judges $2,812 50 each, and of District Judges $2,187 50 each, and all other State ofiicers in like proportion. Mr. Mills moved to adopt the resolution. Mr. Flournoy moved its reference to Connnittee on Stock and Stock-raising. On motion of Mr. Martin, of Navarro, the resolution was re- ferred to Committee on Executive Department. Mr. Ford ofiered the following resolution : Resolved^ That the Committee on Printing and Contingent Expenses be instructed to inquire into the expediency of printing the new constitution in the Spanish language, and report by re- solution or otherwise. Adopted. Mr. Robertson, of Bell, ofiered the followiftg resolution : ReHoVoed^ That the Commissioner of the General Land Ofiice be recpiested to furnish the President of this Convention with a taVjular statement of the number of acres of land, the titles to which are on file in said otfice, issued by the King of Spain, the Viceroys of Mexico, the Pepublic of Mexico, the State of Tamaulipas, and the State of Coaiuiila and Texas, previous to the second day of March, 188r). Also, the numl)er of acres of land granted by tlie Republic of Texas, either as hoad-rights, bounty, donation, scrip (^r otherwise. Also, the number of acres patented by the Republic of Texas. Sept. 21, i^TS'\ CONSTITUTIONAL CONVENTION. Ho Also, the number of acres granted by the authorities of the State of Texas, either as head-rights, bounty, donation or other- wise, raih-oads excepted. Also, the number of acres patented b}- the State of Texas on all classes of claims, railroads excepted. Also, the number of acres of land of all classes of claims, (railroads excepted), the Held notes of which are on tile in the General Land Office, but on which no patents have issued. Also, the number of acres of land granted to railroads, canals, ditches, and the clearing out of rivers and bayous, respectively, since the second day of March, 1836, up to the present time. Also, the number of acres, the certiHcates to which have been issued to railroad, canal, ditcli, river and l)ayou companies, re- spectively. Also, the number of acres that have been patented to said companies. Also, the number of acres, the Held notes of which have been returned to the General Land Office by virtue of said certificates, the patents to which have not been issued. Also, a statement of the annual expense^ of said office ; and Also, a statement of the annual revenues of said office. Also, the number of acres in the entire area of Texas, accor- ding to the Land Office computation. Adopted. On motion of Mr. Fleming the Convention adjourned till 9 o'clock, A. M., to-morrow. FOURTEENTH DAl . IIall of Representatives, ) Austin, Texas, September 21, 1875. ) Convention met pursuant to adjournment ; roll called ; quorum present. Prayer by Rev. W. 11. D. Carrington. Journals of yesterday read and adopted. On motion uf Mr. McCabe, Mr. Reynolds was temporarily ex- cused on accoimt of sickness. Mr. Flournoy", Chairman (jf the Committee on Municipal Cor- porations, made the following repf-rt : 17(3 JOURNAL OF THE {Sept. 21, 1875. Committee Room, ) Austin, September 21, 1875. \ To the Hon. E. B. Plvl'ett^ President of the Convention: Sir — Your Committee on Mimicipal Corporations, to whom was referred the foHowing resolution — " Resolved.^ Tliat in incurporated towns no one shall vote for any municipal officer or any other election pertaining to said corporation, unless he has $500 worth of taxable property ; in incorporated towns or cities three assessors, appointed or elected, shall annually assess all the property of the citizens residing within the limits of said corporation ; corporations keeping their roads in their limits in order shall be exempt from all road laws," Have instructed me to report back the same, with the sugges- tion that it be referred to the Committee on Suffrage. All off which is respectfully submitted, George Flournoy, Chairman. Also — Committee Room, ( Austin, September 21, 1875. f To the Hon. E. B. PicTxett^ President of the Conmntion: Sir — Yuur Committee on Municipal Corporations, to whom was referred the enclosed resolutions, have instructed me to report that they have under consideration the first section of said resolutions, and suggest that the second and third sections thereof be referred to the Committee on Counties and County Lands. All of which is respectfully submitted. George Flournoy, Chairman. The Select Committee, to whom was referred the resolution and proposed ordinance providing for the postponement of the election for members of the Legislature, presented the following rei)ort : Committee Room, \ Austin, Septem])er 20, 1875. \ To the Ho It. A'. //. Tiekett, President of the Convention: The undersigned, constituting a majority of the select co m- mittee, to whom was referred a resolution and also a proposed ordinance providing for the ]^ostponement of the election for meml)ers (;f the Legislatm-e and other otHcers, to be hehl accord- ing to the existing laws of the State, on the Hrst Tuesday of Decendxir, 1875, beg leave to make the folhjwing re])ort : They have carefully considered the subject, and have availed Sept 21, 1875.] CONSTITUTIONAL CONVENTION. 177 themselves of all sources of information that were accessible to them. It is not their purpose, nor do they deem it necessary, that they should enter in this connection at length into the con- sideration of the question as to the extent of the powers of this Convention, and under what circumstances or conditions it can exercise such powers as it may possess. In the matter under consideration, tliey have arrived at the conclusion that this Con- vention has the power, and that it is its duty to the people of the State to postpone said election, and the assembling of the Legislature in January next. One of the main abuses that this body has been assembled by the people to inquire into and correct, is the almost unlimited power now vested in the Legislative Department of this State by the present constitution. The Convention has directed one of its standing committees to examine into and report upon the existing abuses in that depart- ment, and to suggest the remedy for them. This duty that committee has performed, and tlieir report is now before this body. They recommend very important and necessary changes in the organization of that department of the State government, restricting its powers, altering its sessions, the number of its members, and making many other important alter- ations. That most of the changes recommended will be adopted by this body and accepted by the people of the State, there is no doubt. While tlien this body, in the plain discharge of its duties, is in the act of thoroughly reforming and reorganizing this branch of the government, it seems to the majority of the committee, not only to be proper but to constitute an important part of the duty enjoined on them by their election to postpone for the present the meeting of the Legislature, when its assembling in January next could have no other effect than to create confusion, con- flict, embarrassment, and add greatly to the expenses of the people of the State, without any corresponding benefit to be deriv^ed from their assembling together. It is to be presumed that the Legislature, that passed the joint resolution providing for taking the popular vote as to the assem- bling of the present Convention, would have provided a mode of obviating the difficulties and embarrassments attending an elec- tion in December, to the convening of the Legislature in January next. But it was a subject practically beyond legislative control, for 12 178 JOURNAL OF THE {Sept. 21, 1875. it was impossible for that body to foresee and in advance deter- mine at what period this body would end its labors, or on what day it would submit its work to the people. No action could then be taken by them, because it was a matter for which they could not provide. It was a subject intimately connected w4th that of the submission of the work of the present Conven- tion to the people, a duty which specially devolves upon the Con vention. If they believe the election in December next presents an obstruction or greatly embarrasses the people, and will in some measure tend to prevent them from passing fairly and fully upon the merits of the instrument submitted to them, it is within the scope of their authority, and clearly within thelineof their duty, to take all the steps necessary and proper to enable the will of the people to be freely and fairly ascertained. The direct expense to the State arising from ordering the elec- tion, issuing proper notices, preparing, printing and distributing instructions and forms to the different officers of the State charged with the due execution of the election laws, together with the ex- pense of an entirely new registration, will not fall short of $30,000, and may greatly exceed that amount. The mileage and per diem of the members of the Legislature alone may, and probably will, reach the sum of $100,000 ; that of the three last Legisla- tures exceeded that sum. The other contingent expenses will probably reach the sum of $30,000. The expense and loss of time to the voters in the State, would not fall short of $150,000. In addition to this, it must be borne in mind that there is practically no limitation on the power of the Legislature to create a public debt, and but little limitation on their power to appropriate public money. We may safely assume that other expenses incurred by them will increase the estimate of expenses above made, and that the total expense to the people and the State, of this unnecessary and useless election and assembling of the Legislature will exceed $300,000. Further- more, under the act of Congress, of 25th July, 1866, providing that the Legislature of each State, which is chosen next preceding the expiration of the term for which any ITnited States senator from such State is chosen, was elected, shall, on the second Monday after tliey meet, elect a United States senator ; it becomes the duty of the Legislature which meets on the second Monday in January next, to elect a United States senator. If, prior to the fourth of March, 1877, a new Legislature should assemble, or- ganized under tlie provisions of the constitution that may be framed b}^ this Convention, it would also be beyond all doubt a Legislature chosen next preceding the expiration of the time for Sept 21, 1875.J CONSTITUTIONAL CONVENTION. 179 which one of the United States senators from Texas was elected, and it would also be their duty, under this act of Congress, to elect a United States senator. If they did not exercise this power, a very serious question would arise as to whether the Legislature that met in January, 1875, was the proper body to elect a LTnited States senator. If the Legislature, organized under the provisions of the constitution framed by this body, should elect a United States senator, then it would result that there would be two persons, both elected and both claiming at the same time to be duly elected, to the Senate of the United States. By refusing to postpone the election in December next, we become directly responsible to the people for all the expenses incurred and other evil coriSe(pieuces resulting from this state of affairs. Again, if the Convention should work harmoniously together, there is no reason why they may not complete their work and have a constitution ready for submission to the people by the first of November next. The Convention of 1845, whose duties were very arduous^ involving as it did a change from an inde- pendent Republic to a State of the Union, only sat fifty-three days. If, then, we can in sixty days complete our work, there is no good reason why it should not be submitted to the people on the first Monday in January. This would give them sixty days to consider it. The Convention of 181:5 did not give as much as sixty days' notice. That constitution was framed on the 27th of August, 1845, and ratified by the people on the second Monday in October, 1845. The Convention of 1866 sub- mitted their work to the people with notice of only sixty days. Since then the means of communication throughout the State have greatly increased, and now within sixty days information can be conveyed throughout the State as fully as it could be done in ninety days in 1845 or 1866. If, then, in accordance with approved precedents in this State, this body should complete its work in sixty days and submit it for the acceptance or rejection of the people in January next, as we believe can be done, and probably will be done, we would have the spectacle of a Legisla- ture assembled at a cost of thousands of dollars, to our already tax-burthened people to accomplish nothing, and whose official ex- istence, if the constitution was submitted to the people on the second Monday in January, and on that day accepted by them, would end on the day that it commenced. ^-^ virtue of the power which this Convention has to regulate the time, manner and conditions on which its work shall be submitted to the peo- 180 JOURNAL OF THE {Sept 21, 1S75. pie, we believe it can prevent the occurrence of such a state of things ; it is a power incidental to and growing out of the express and unqualiiied grant of power to them from the people to frame and provide for putting in operation the constitution. Its exercise is necessary in order that the people may be able at the least possible expense and without embarrassment from other matters growing out of the assembling of the Legislature, to vote fully and fairly on tlie merits of the instrument sul^mitted to them. The undersigned have examined the subject in its various aspects, and the ordinance which they herewith submit makes provision so that in case the proposed constitution is rejected, elections for members of \\\q Fifteenth Legislature and other State, district and county officers may be ordered by the Gover- nor. It also provides for the continuance in office of the present incumbents until their successors are elected and qualified. Should there arise any great unforeseen public emergency be- fore the constitution is voted upon, the Governor, under the pro- visions of the ordinance reported, would have the power by his proclamation to convene the Fourteenth Legislature in extraordi- nary session. The majority of the committee can not see how or in what manner any conflict of authority or serious inconvenience or injury to the public interest can result from the passage of the ordinance contemplated, nor have they any reason to apprehend any conflict from any quarter. On the contrary, they believe it will be the duty of every officer of the State, from the highest to the lowest, to co-operate earnestly and cheerfully with the Con- vention in saving this heavy and worse than useless expense to the State, and in preventing all the inconvenience, conflict, em- barrassment and confusion that will be certain to flow from the election in December next. It is to be regretted that the committee are not all of one mind on this important matter. But the power of the Convention to pass the ordinance in question appears so well founded and so clear, and the duty of exercising that power so imperative, that they do not hesitate to recommend the adoption of the accom- yjanying ordinance, which they have prepared as a substitute for the resolutions and ordinance that were referred to them. Respectfully submitted. Charles DeMorse, F. S. Stockdale, C. S. West, John Henry Brown. I Sept 21, 1875. J CONSTITUTIONAL CONVENTION. ISl While I did not participate in the preparation of the ordinance and report on this subject, I concur with the majority of the com- mittee in their conclusions. John H. Reagan. Ordinance. " an ordinance postponing the general election of december, a. d. 1875, and for other purposes. " Whereas, It is provided bv law under the existing Constitu- tion that a general election for members of the Legislature, Assessors and Collectors, and some other officers, shall be held on the iirst Tuesday in December, A. D. 1875 ; and " AVhereas, By authority of law and the sanction of the people, delegates, legally elected, are now assembled in Convention to frame a new constitution for the State of Texas ; and " Whereas, The election of a Legislature and other officers, and the coming together of the Legislature to hold its session under the existing laws and constitution, are, for the time being, unnecessary, and will cause great public expense, and are likely to produce confusion in putting a new constitution in operation, if one shall be established ; together with doubts as to the validity of the election of a United States Senator if two Legis- latures shall assemble during the next year ; and can only aggravate the evils, to remedy which this Convention was assenjbled by the ])eople ; and " Whereas, It is the duty of the Convention to save to the State the unnecessary expense, and to prevent the occurrence of the other evils aforesaid ; now, therefore, ^^Be it ordained htj\the people of the State of Texas ^ in Conven- tion assemlAed^ That the holding of the election as provided by the laws under the existing constitution, to be held on the first Tuesday in December, A. D. 1875, be, and the same is hereby suspended and postponed ; and all officers of this State are hereby prohibited from holding, and from, in any manner, aiding in the holding of said election ; and any election held on that day is hereby declared to be void and of no effect. " Sec. 2. Tlie terms of office of the members of the present Legislature, and of all other officers, whether State, district or county officers, whose terms of office by existing laws or consti- tution will ex})ire on said first Tuesda}^ in December, A. D. 1875, or 9t any time thereafter, before a general election is held, be, and the same are hereby extended ; and said members of the Legislature and other officers shall remain in office and continue to exercise the powers and perform the duties of their places and offices, under existing laws and pursuant to the existing cousti- 182 JOURNAL OF THE {Sept, 21, 1875. tution until their successors are duly elected and qualified in accordance with the further provisions of this ordinance, or until they are superceded by the establishment of a new constitution. '" Sec. 3. In case the new constitution, when submitted to the people, be rejected by them, then the Governor of the State of Texas shall, within ten days after the otiicial promulgation of such rejection, issue his official proclamation, fixing a day for a general election, to be held in accordance with existing laws, giving sixty days notice of such election, at which election there shall be elected all the members of the Legislature and other officers, which, but for this ordinance, would have been chosen on the first Tuesday' in December, A. D. 1875 ; and the election so held shall be deemed and taken to be, and it is hereby de- clared shall be, a general election under the existing laws and constitution of the State of Texas. And the Governor shall also name in said proclamation the day on which the Legislature shall assemble. AVhen the Legislature shall be assembled pur- suant to the proclamation of the Governor, its session shall be taken and deemed to be, and it is hereby declared that it shall be, the first session of the Fifteenth Legislature under the exist- ing constitution and laws of this State. And the terms of office of the members of the Legislature and other officers elected according to the provisions of this ordinance shall expire and determine at the same time and in the same manner as if they had been elected on said first Tuesday in December, A. D. 1875.'' Mr. Ballinger submitted the following report : To tite Hon. E. B. Pickett^ President of the Con'oentton : The undersigned members of the Select Committee, to which was referred ordinances for the postponement of the election in December, are unable to concur in the conclusions of the majority of the committee recommending an ordinance by the Convention for that purpose. The subject is of such importance that we deem it our duty to make known our dissent from the majority, and to state very briefly the heads of our own conclusions, after most careful deliberation : We are unable to recognize, on the part of this Convention, any rightful authority to put in force the ordinance recom- mended by the committee. This Convention was elected by the people of the State under a law of the last Legislature, which provided as follows : " That a Convention to frame a new constitution for the State of Texas, shall assemble at the city of Austin, on the first Mon- day in September, 1875, for the purpose of framing a consti- tion." Sept 21, 1875.J CONSTITUTIONAL CONVENTION. 1S3 We think that the only power possessed by the Convention, under their election by the people, held in pursuance of this law, is, to '^ frame'''' — that is, to plan, to devise, to form — a constitu- tion ; and to submit the same to the people of the State for their adoption or rejection. We think that this submission of the constitution to the people is not merely a political duty of the Convention, but that it is legally, indispensably necessary^ under the construction of its powers derived from its election under the above law ; and that, without the ratification of the people, the Convention, by and of itself, has no power to ordain and establish a constitution, or any part thereof. We think that, outside of its duty to frame and submit a con- stitution to the people, the Convention has no powers of sover- eignty ; no powers, legislative, executive or judicial. Whilst we recognize fully that the Convention does possess the power to put in force the measures necessary to the submission of the constitution to the people, so as to secure their free and full action for its adoption or rejection, we are wholly unable to appreciate that the election in December can, in any manner whatever, obstruct the submission to the people of the constitu- tion to be framed by the Convention, or their action upon the same. The considerations involved as to the elections in December are alone those of economy, convenience, etc., and are not within the cognizance of this Convention. The Legislature, in full view of the situation, declined to postpone the election in Decem- ber. This recurrence ma}^ operate as something of a grievance to the people. Or, it may be, on the other hand, that interfer- ence by the Convention, depriving the State of its regular legis- lative body, depriving districts and counties of their legal officers, and keeping in place those whose terms will have expired, dis- locating a regular State election, and putting the official author- ity to be exercised in this State by many officers for two years (should the constitution not be ratified,) on the hazards of the doubtful power now being exercised ; it may be, we say, that this will Ije productive of a degree of inconvenience and confu- sion of far o;reater mao^nitude than the sliijht benefits which are possible to result from this ordinance. Whatever may be the contrast of results of this character, however, it is our thorough conviction that cognizance of them is wholly beyond the authority of this Convention. It will be a usurpation of the most dangerous principle. If the Convention can suspend a general election, and prolong the tenure of legislators, 184 JOURNAL OF THE {Sept. 21, 1875. and district and county officials expiring under the existing con- stitution and laws, we do not perceive wliat the Convention could not do. It could suspend or prolong, at pleasure, the executive officers of the government, and the judicial officers of the government. All individual rights would be subject to it. Its will would demark the extent of its power. The undersigned do full justice to the motive alone of public good which actuates the committee. Our forbarance ma}^ afford protection against further dangers bej^ond the present ordinance. But we establish a principle, we set an example, which only needs evil times, or may only need a day of high excitement or passion, to be a principle and example of most dangerous augury. If the regulation of the elections in December can be brought within the range of tlie powers of this Convention to provide a new organic law for the State, — if it should have any place in the government we are to frame — the ordinance to effect it should be submitted to the ratification of the people and receive the same sanction on which all and every part of the constitution will depend. W. P. Baj^llnger, Jno. L. Henry. On motion of Mr. Doliouey, the consideration of the two re- ports was postponed until Thursday next, after morning call, and 400 copies were ordered printed. Mr. Flournoy offered the following resolution : Resolved., That the following be referred to Committee on Kailroads : ^' Section 1. The charges for freight or passage on each railway in this State, which is now being or may hereafter be operated therein, shall, as to such railway, and for tlie same class of freight or passage, be at all times ecpud and uniform for each mile that such railway may transport freight or passengers witliin this State ; ifpcyoided^ that charges for greater distances may be pro- portionally smaller than for less distances on the same class of freight or passengers ; but shall always, for the same distance on any yjart or all of their line or lines be equal and uniform ; and 2>rovided farthei\ that no distinction or discrimination whatever shall be made between freight or passengers transported for the same distance on the main line of any railway and any branch or branches connected therewith, and under the same general or special ownership, maiuigement or control. " Sec. 2. The Legislature sliall, at its first session after the adoption of this constitution, and from time to time thereafter, Sept. 21, 1875.] CONSTITUTIONAL CONVENTION. 185 pass all needful laws and provide such civil and penal remedies as will secure a just and prompt execution of the letter and pur- pose of the two preceding sections ; and the district and inferior courts of all and each of the counties through which, or any part of which any railway shall be operated, shall be invested with civil and criminal jurisdiction of all claims for damages and criminal prosecutions growing out of a violation of this consti- tution or of such laws as may be passed in pursuance thereof." Referred to Committee on Railroad Corporations. Mr. Johnson, of Collin, offered the following resolution : Resol/Ded., That the Committee on Judicial Department be in- structed to so frame appropriate clauses in the constitution as to ffive to Justices of the Peace iurisdiction in ordinarv civil suits to the amount of five hundred dollars, and in criminal cases, under such limitations as may be deemed necessary, over all petty offenses and misdemeanors under the grade of felony. Referred to Committee on Judiciary. Also the following : Resolved,, That the Committee on Education be instructed to embody the substance of the following propositions in the educa- tional part of the constitution, to wit: That the school law should be revised so that fewer officers and commissions will have to be paid out of the school fund ; that the district trustees should have power to appoint and re- move teachers in their districts; that the Board of School Directors be abolished and their duties performed by a county superintendent. That the office of State Superintendent be abolished, and his duties be transferred to the State Treasurer^ and that all grants of land heretofore or hereafter to be made by the State Legislature for public school pur})oses be so guarded by constitutional provision that they can not, under any circum- stances, be diverted from their intended objects and purposes. Referred U) Committee on Education. Mr. Whitfield offered the followino- resolution : Resolved, That the following be incorporated in the constitu- tion in the provisions regulating the Judiciary Department : " The Judges of the Supreme and District Courts shall be elected by the people, as follows : "' The State shall be divided into five Supreme Court Districts, and each Supreme Court District into five Judicial Districts in compact and convenient form, and by the qualified voters of each Supreme Court District there shall be elected by the quali- fied voters thereof one Supreme Court Judge and five District Judges, one for each Judicial District. 186 JOURNAL OF THE {Sept 21, 1875. "The District Judges shall be residents of their respective dis- tricts, but the Legislature may provide that the District Judges shall altera ats so that no District Judge shall hold the courts in the same district more than twice successively. " The Supreme Judges shall hold office for a term of eight years, and the District Judges for a term of four years." Referred to Committee on Judiciary. Mr. Holmes offered the following resolution : Whereas, At common law, murder, manslaughter and other felonies are regarded as ofienses against the State and does not recognize the offense and injury to persons ; therefore, be it Resolved^ That any person may have civil redress for damages resulting from any felony committed to his injury, and that no property shall be exempt from forced sale to satisfy the damages assessed by a jury trying the same. Referred to Committee on General Provisions. Mr. Ramey offered the followina^ resolution : Resolved^ That each county in this State shall be divided into not less than five nor more than twelve districts, and in each dis- trict there shall be elected one Justice of the Peace, who shall have such jurisdiction in both civil and criminal causes, hold courts at such times and places, and receive such fees as may be determined by law. Such Justices shall act as Notaries Public, and perform such other duties as may l)e prescribed by law. Each district as aforesaid shall elect its own Justice, for two years, at such time as may be required by law: and shall at the same time elect one Constable for the same period of time, to per- form such duties as may be prescribed by law. Referred to Committee on Judiciary. Mr. Waelder offered the followino; resolution : Resolved^ That the Committee on General Provisions inquire into the expediency of incorporating a clause in the constitution by which statutes of limitation may be made available to actual occupants of unappropriated public lands, as against the State. Referred to Connnittee on General Provisions. Mr. Brown offered the following : " GENERAL PROVISIONS. " Sec. — . No Supreme, District, County, or other Judge, Jus- tice of the Peace, Mayor or Recorder of a town or city, shall sit in the trial of any cause or issue while in a state of intoxication. The Legislature shall pn>vide by law appropriate penalties for such offense. " Sec. — . It shall be an offense for the Attorney General, any Sept 21, 1875.] CONSTITUTIONAL CONVENTION. 187 District, County or City Attorney, any County, District or Su- preme Court Clerk, or the deputy of such clerk, any Sheriff or Deputy Sheriff, or any Constable, or City Marshal, or the deput}^ of either, to officiate in the court to which he may belonor, durins; its sitting, while m a state ot intoxication. The Legislature shall provide by law appropriate penalties for such offense. " Sec. — . Any grand or petit juror in this State, whether in State, County or Municipal Courts, who, after being sworn and empannelled, shall appear before the court in a state of intoxi- cation, prior to his discharge as such juror, shall be liable to such penalty as may be prescribed by law. The Legislature shall provide by law appropriate penalties for such offense. " Sec. — . On the day or days of all elections in this State, whether State, district, county or municipal, general or special, all dram or drinking houses, by whatever name called, in the town or vicinity of any such election, shall be closed throughout such day or days ; nor shall any intoxicating drink be sold or given away therein ; nor, on such day or days shall any mer- chant, or other dealer sell at retail or give away, in such town or vicinity, any intoxicating drink. The Legislature shall provide by law appropriate penalties for such offense. "Sec. — . Habitual drunkenness shall be adequate cause for suspending or removing any public officer in this State, whether State, district, county ov municipal ; the fact of such drunken- ness to be a matter of judicial inquiry, to be determined by court and jury. The Legislature shall enact adequate laws to enforce this provision." Referred to Committee on General Provisions. Mr. Murphy offered the following resolution : Resolved^ That the following be embraced in the constitution : ''Article — . "militia. " Section 1. The Legislature shall provide by law for organ- izing, arming, and disciplining the militia of this State, in such manner as they shall deem expedient, not incompatible with the constitution and laws of the United States. " Sec. 2. No licensed minister of the gospel shall be required to perform military duty. " Sec. 3. The Governor shall have the power to call forth the militia to execute the laws of the State, to suppress insurrections, repel invasions and raiders." Referred to the Committee on Judiciary. Mr. McLean offered the following resolution : Resolved^ That the Committee on Revenue and Taxation be 188 JOURNAL OF THE [Sept 21, 1875. instructed to report an ordinance to prohibit the creation of any debt by the Legislature against the State, and also to extend the same provision to all municipal corporations in the State. Referred to Committee on Revenue and Taxation. Mr. West ofJered the following resolution : Resolved, That the Committee on Private Corporations be in- structed to inquire into and report to this Convention the pro- priety of incorporating into the constitution the following pro- vision : " The Legislature shall provide by law, that in all elections for directors, managers or trustees of incorporated companies created by or under the laws of this State, every stockholder shall be entitled, for each share of stock owned by him, to as many votes as there are directors, managers or trustees to be elected, and may, in person or by proxy, cast them all for one candidate or distribute them among as many candidates as he shall think fit ; and such directors, managers or trustees shall not be elected in any other manner.'' Referred to Committee on Private Corporations. Mr. West also offered the following resolution : Resolved, That the Committee on Suffrage be instructed to in- quire into and report to this Convention the propriety of incor- porating into the constitution the following provision, viz : " The House of Representatives shall consist of three times the number of the members of the Senate, and the term of office shall be two years. Three representatives shall be elected in each leijislative district, at the first o^eneral election after the adoption of this constitution, and every two years thereafter. \\\ all elections of representatives aforesaid each qualified voter may cast as many votes for any one candidate as there are representa- tives to be elected from his district, or may distribute the same, or equal parts thereof, among the different candidates as he shall see fit, and the candidates receiving the highest number of votes shall be declared elected." Referred to Committee on Suffrage. Mr. McCormick offered the following resolution : Resolved, That the following be incor})orated in the constitu- tion : " That all patents issued from the Land Office to assignees upon forged assignments are and shall be void." Referred to Committee on General Provisions. Mr. McCormick also offered the following resolution : Resolved, That the following shall be incorporated in the con- stitution : Sept 21, 1875.J CONSTITUTIONAL CONVENTION. 18D " The Legislature shall prohibit by law the intermarria2;e of persons of the white and black races." Referred to Committee on General Provisions. Mr. Dohoney offered the following resolution : Resolved^ That the Committee on General Provisions be instructed to inquire into the expediency of inserting a provision in the constitution authorizing the Legislature to enact local or special laws for the different sections of the State in reference to fences, for agriculture and stock-raising. Referred to Comniitteeon Agriculture and Stock-raising. Mr. Sanson! offered the following resolution : Resolved^ That the Legislature have power to enact such laws as will enable the Governor to appoint for each land district of the State a board of three scientilic and practical land survey- ors, whose duty it shall be, when called upon by parties having conflicting or badly defined division land lines, after taking the required oath, to go upon the ground and correct and adjust any discrepancies that may exist, making and defining imll the cor- ners and lines, subject to a|)peal or not, as the Legislature may direct. Referred to Committee on General Provisions. Mr. Stockdale offered the following resolutions: Resohed^ That the Commissioner of the General Land Office be, and he is hereby, requested to furnish the Convention, for its information, with an engraved map of the State of Texas, marked with colored lines, showing : 1. Each municipality, and the date of the creation and organ- ization thereof, with each county and the date of its organization, and every successive change of the boundary thereof, with the date at which it was made. 2. That he furnish another map showing everj^ Surveyor's Dis- trict that has existed in this State, with the modifications thereof, if any, and the dates thereof, with the boundaries of the old colonies, and the date of the colonial contracts. Referred to Committee on Public Lands and Land Office. On motion of Mr. McLean, Mr. Johnson, of Collin, was added to Committee on Revenue and Taxation. On motion of Mr. Russell, of Wood, Mr. Murphy was added to Committee on Crimes and Punishments. On motion of Mr. DeMorse, Mr. Ross was added to Committee on Revenue and Taxation. On motion of Mr. Holmes, Mr. West was added to Committee on Lands and Land Office. 190 JOURNAL OF THE \Sept 22, 1875. Ou motion of Mr. West, Mr. Davis, of Brazos, was added to Committee on Education. On motion of Mr. Ross, Mr. Flonrnoy was added to Committee on Kailroad Corporations. f On motion of Mr. McCormick, the Convention adjourned until 9 o'clock A. M. to-morrow. FIFTEENTH DAY. Hall of Representatives, ) Austin, Texas, September 22, 1875. f Convention met pursuant to adjournment ; roll called ; quorum present. Prayer by Rev. J. F. Johnson. Journal read and adopted. Mr. Louis Cardis, delegate elect from El Paso, came forward, presented his credentials, took the oath prescribed, and his seat as a delegate. Mr. Stockdale presented the memorial of Pry or Lea, asking that a clause be inserted in the new constitution authorizing the Legislature to make equitable arrangements with corporations in j| relation to chartered rights. " Mr. Wade offered the following resolution: Whereas, Vigilant and faithful representatioa is required by the people of Texas ; therefore be it ■ Resolved^ That if any member of this Convention shall here- ■ after be absent from the calls of this house for more than four % days in succession, without excuse, adjudged good by the house, the seat of such member may be declared vacant, on motion, under the two-thirds rule, and the Governor authorized to fill all such vacancies, by appointment, from the district in which the J member thus relieved was elected. Laid on the table, to come up in its order. Mr. Nunn offered the following resolution : Resolmd ^ That the Committee on Public Education be in- structed to inquire into the expediency of establishing by law a system of public instruction or of aid to general education, and of fixing the satne on a basis of all the present available school fund and resources of the State, with an addition of an ad valo- rem tax of not less than one-tenth or more than one-eighth of one per cent, on the taxable property of the State, and of a poll tax of not less than two dollars or more than five dollars, and the re- Sept. 22, 1875.J CONSTITUTIONAL CONVENTION. 191 quirement of the payment by each voter of said poll tax at least four months next before the election as a condition of the exer- cise of the elective franchise ; and to make provision for the sale of the school lands belonging to counties, to be used for the bene- fit of the counties respectively, and also to dedicate all the unap- propriated public lands of this State to the school fund, to be sold as early as possible and proceeds applied to the benefit of the general school fund of the State. Mr. Erhard offered the following resolutions : Resolved., That defaulters of any county. State or other public funds, shall be considered felons, and imprisoned in the State Pen- itentiary, and that the Legislature define the crime and the pun- ishment. Resolved., That in any court the verdict of nine jurors shall be sufiicient to decide in any civil or criminal case. Referred to Committee on Judiciary. Mr. Wright offered the following resolution : Resolved., That the Legislature nor any county shall ever levy and collect for county purposes a tax which shall exceed in the aggregate- in any one year one-fourth of the amount of the tax levied by the State, save and except to build courthouses and jails and to keep the same in repair ; and all taxes so raised shall be levied alone on such subjects of taxation as may be levied by the State. Referred to Committee on General Provisions. Mr. Dillard offered the following resolution : Resolved^ That the Committee on Revenue and Taxation be instructed to create two separate officers in each county in the State, that of tax assessor and tax collector, and that there shall be elected in each county in the State one tax assessor and one tax collector, who shall hold their offices for two years. Referred to Committee on Taxation and Revenue. Mr. Weaver offered the following resolution : Resolved^ That woman, being by the ordinances of nature, the mother of all living human beings, that, if we accept Hebrew traditions, the word " Eve " typically means the mother of all living, and that, as mother, wife, sister and daughter, she has the first care of our lives, is our nurse in childhood, our mentor in youth, our companion, helper and consoler in manhood, our comforting, ministering and sustaining angel in death, even at the birth, trial, death and resurrection of Jesus, in the beautiful faith of Christianity, constant to him in the midst of mobocracy and despotism ; and that in history, wherever she has had the power to speak and act for herself, in the great majority of cases, 192 JOURNAL OF THE {Sept 23, 1S75. she has risen above the masses, like the full moon out of night's bosom, to shine with the light of beauty, virtue, charity and truth, over the moral darkness around her ; and that, in this land of republican faith and representative, democratic govern- ment, by every recognition of modern, enlightened Christian civilization, she is morally and mentally man's equal ; that the same " inalienable rights " that Jefferson has made household words in every land, where human liberty has found a home or an advocate, are as much woman's as man's ; that she is a citizen as much of these United States, by the same natural rights of citizenship, as man ; that the elective franchise, being founded on these natural rights of the people, and inasmuch as woman is of the people, and must be governed by the laws made by the people, and is often a taxpayer, there is no reason, political, imman or divine, (Paul to the contrary notwithstanding,) why she should not have the same rights at the ballot-box that man has. Resolved further^ That the writer hereof believes that the presence of woman at the ballot-box, as an American sovereign, connected with the feminal influence of a virtuous woman, as a legal voter, would do more to protect that shrine of the peoples' rights than all the laws to guard the elective franchise that have heretofore been passed. Referred to Committee on Suffrage. On motion of Mr. Brown, of Dallas, the Convention adjourned to 9 o'clock A. M. to-morrow. SIXTEENTH DAY. Hall of Representatives, ) Austin, Texas, September 23, 1875. j Convention met pursuant to adjournment ; roll called; quorum present ; prayer by the Rev. R. H. Talliafero. Journal of yesterday read and adopted. Mr. Burleson offered the following resolution : Resoh^ed^ That the Committee on Revenue and Taxation be and is hereby instructed to investigate and report whether it be practicable, under the constitution of the United States, to com- pel the owners of continuous inter-State lines of communication, who reside in the United States but not in Texas, to pay the same taxes upon the one-half of their packet vessels, and upon so Sept. 2s, 1875. J CONSTITUTIONAL CONVENTION. 193 much of their railway property as is used in Texas, as if they were resident citizens of Texas. Referred to Committee on Revenue and Taxation. On motion of Mr. Brown, Mr. Cardis was added to the Com- mittee on Printing and Contingent Expenses. On motion of Mr. Cooke, of San Saba, Mr. Russell, of Wood, was added to the Committee on Revenue and Taxation. Mr. Robertson, of Bell, offered the following resolution : Whereas, The encouragement of agriculture and the mechan- ical arts and the general dilfiision of knowledge being of the first importance to the settlement and proper development of all the resources and interests of Texas ; therefore, Besolvecl, That the Committee on Revenue and Taxation be requested to insert in the constitution, under the appropriate cap- tion, the following provisions: " That all agricultural and meclianical implements in actual use on farms and in workshops shall be exempt from tax- ation. " That all printing presses, types and material actually used in the publication of newspapers, not to exceed $2000, shall be exempt from taxation." Referred to Committee on Revenue and Taxation. Mr. Allison offered the following resolution : Resolved, That the foHowing be incorporated as a part of the constitution : "In case of the inability of any judge of a court of record to discharge tlie duties of his office with efficiency, by reason of continued sickness, drunkenness, or physical or mental infirmity, the Legislature, two-thirds of the members of each house concur- ring, shall remove such judge from office. But each house shall state on its respective journal, the cause for which it shall wish his removal, and give him notice thereof, and he shall have the right to be heard in his defense, in such manner as shall be pre- scribed by law ; and should any judge of a court of record neg- lect or fail to hold a term of his court as prescribed by law, except in case of sickness himself, or serious sickness of his fam- ily, or providential hindrance, he shall forfeit, as may be pro- vided by law, not less than one-twelfth of his annual salary. Referred to Committee on Judiciary. Mr. Sansom presented the petition of sundry citizens of Georgetown, in Williamson county, on the subject of the sale of liquor in said town. Referred to Committee on State Affairs. 13 194 JOURNAL OF THE {Sept. 23, 1875. On motion of Mr. King, Mr. Stockdale was added to the Com- mittee on Counties and County Lands. On motion of Mr. Flournoy, Mr. McCormick was added to the Committee on Railroad Corporation. BUSINESS ON THE PRESIDENT'S TABLE. The resolution of Mr. Wade relative to declaring vacant seats of members who absent themselves from this Convention for four days in succession, was taken up and on motion of Mr. Brown laid on the table. The report of the Committee on Legislative Department taken up. Mr. McLean moved to postpone the consideration of the sub- ject until 10 o'clock to-morrow morning, and make it the special order for that hour. The yeas and nays were called on the question, and it was car- ried by the following vote : Yeas — Abernathy, Arnim, Abner, Brown, Blake, Barnett, Crawford, Chambers, Cook of Gonzales, Cooke of San Saba, Cline, Cooley, Cardis, Douglass, DeMorse, Dohoney, Darnell, Dunnam, Davis of Brazos, Erhard, Ford, Fleming, Gaither, Graves, Henry of Smith, Llolmes, Johnson of Franklin, John- son of Collin, King, Kilgore, Killough, Lockett, Lacy, McLean, Martin of Navarro, Martin of Hunt, McCabe, Morris, Mitchell, McKinney, McCormick, Norvell, Nunn, Pauli, Reagan, Ramey, Rugely, Robertson of Bell, Robeson of Fayette, Ross, Spikes, Smith, Stockdale, Sansom, Whitehead, Wright, Whitfield, West —58. Nays — Allison, Ballinger, Blassingame, Burleson, Bruce, Dil lard, Ferris, Flanagan, German, Holt^ Henry of Limestone, Haynes, Lynch, Murphy, Nugent, Russell of Harrison, Russell of Wood, Scott, Sessions, Stayton, Wade, Weaver, Waelder — 23. On motion of Mr. Stockdale, the Convention proceeded to the consideration of the special order, viz : The reports to the majority and minority of the select committee on the subject of postponing the election in December next for members of the Legislature, the majority of the committee reporting an ordi- nance to that effect. On motion of Mr. Stockdale, the Convention adjourned untill 2J o'clock p. M. EVENING SESSION— 2i o'clock Convention met ; roll called ; quorum present. Discussion of pending question resumed and continued until A Sept 24, 1875.] CONSTITUTIONAL CONVENTION. 195 5J o'clock, when, on motion of Mr. McCormick, the Convention adjourned nntil ^i\ o'clock, p. m. JSMGHT SESSION— 7i o'clock. Convention met ; roll called ; qiiormn present. Discussion on the pending question again resumed and contin- ued until \<)\ o'clock, and upon motion of Mr. Martin, of Navarro, the Convention adjourned by the following vote : Yeas — Abernathy, Abner, Ballinger, Bruce, Crawford, Cooke of San Saba, Cline, Cooley, Douglass, DeMorse, Dohoney, Davis of Brazos, Erhard, Floiirnoy, Ferris, Henry of Smith, Holmes, Johnson of Franklin, Kilgore, Lockett, McLean, Martin of Na- varro, Martin of Hunt, McCabe, Morris, Mills, Mitchell, Moore, Norvell, Nunn, Pauli, Rugely, Robeson of Fayette, Scott, Ses- sions, Smith, Sansom, West, Waelder — 39. Nays — Allison, Brown, Blake, Barnett, Burleson, Chambers, Cook of Gonzales, Cardis, Dillard, Darnell, Dunnam, Ford, Fleming, Flanagan, Gaither, Holt, Henry of Limestone, Haynes, Johnson of Collin, Killough, Lacy, Lynch, McKinney, McCor- mick, Murphy, Nugent, Ramey, Robertson of Bell, Ross, Russell of Harrison, Spikes, Stayton, Wade, Whitehead, Whitfield — 35. SEVENTEENTH DAY. Hall of Representatives, ) Apstin, Texas, September 24, 1875. j Convention met pursuant to adjournment ; roll called; quorum present. Prayer by Rev. Dr. Dodge, of Austin. Journals of yesterday were read and adopted. On motion of Mr. Ballinger, Mr. Rugely was excused for ten days. Mr. West presented a memorial from the widows and heirs of Wm. A. Smith. Referred to Committee on State Affairs. Mr. Scott presented a petition from members of the bar of Cass county relative to the election of our judiciary. Referred to Committee on Judiciary. Mr. King presented a memorial from Charles Montague, of Bandera. Referred to Committee on Lands and Land Office. 196 JOURNAL OF THE {Sept. 24, 1875. Mr. Blassingame presented a memorial from the Aldermen of the city of Sherman. Referred to Committee on Education. Mr. Russell, of Wood, oflered the following resolution : Resolved^ hy the ])eo]ple of Texas in Convention assemhled^ That the resolution introduced in this body, on the 22d inst., by the honorable gentleman from Cook county, recommending the in- corporation of woman suffrage in the organic law of this State, be, and the same is hereby, expunged from the journals of this Convention, by drawing a black line or mark around said reso- lution. Referred to Committee on Suffrage. Mr. Cooley offered the following resolution : Resolved^ "That the Committee on Public Lands and Land Office inquire into the expediency of adopting a provision of the constitution requiring the Legislature to provide for donating public lands to all settlers thereon who have attained the age of sixteen years. Referred to Committee on Public Lands and Land Office. Mr. Martin, of Hunt, offered the following resolution : Resolved^ That the Adjutant General be requested to furnish this Convention with a list of the officers and men employed in the defense and protection of the frontier from the commence- ment of the administration of Gov. Davis to the present time ; the amount of appropriations for that purpose, and when made ; the rank and pay of officers and men ; the cost of quartermasters and commissary's stores, itemized ; cost of transportation from place ot purchase to point of destination, with kind of trans- portation ; where forces have been stationed ; number of Indians killed or captured ; amount of stock recovered, and when, kind and value thereof; cost per head of keeping soldiers in said ser- vice ; and what troops, if any, are kept by the general govern- ment on the frontier ; where stationed ; and whether State troops when mustered into service are under command of State or Fed- eral officers. The resolution was adopted. UNFINISHED BUSINESS TAKEN UP, VIZ. I The report of the majority and minority of the Select Com- mittee on the question of postponing the general election of De- cember, 1875, for members of the Legislature. Pending discussion of the question (Mr. Johnson of Franklin, having the floor) the hour for the special order arrived. On motion of Mr. F'lournoy, the consideration of the special Sept 24, 1875.1 CONSTITUTIONAL CONVENTION. 19? order was postponed until the pending business could be disposed of. On motion of Mr. Whitfield, the main question was ordered, which being the passage of the ordinance reported by the major- ity of the committee postponing the general election of Decem- ber. 1875, and for other purposes, the same was put, and the yeas and nays being called, the ordinance passed by the following vote : Yeas — Allison, Abernathy, Arnim, Brown, Blake, Blassin- game, Barnett, Burleson, Crawford, Chambers, Cook of Gon- zales, Cooke of San Saba, Cardis, Dillard, DeMorse, Darnell, Dunnam, Davis of Brazos, Erhard, Ford, Flournoy, Fleming, Ferris, Gaither, Graves, Holt, Henry of Limestone, Holmes, Haynes, Johnson of Franklin, Johnson of Collin, Kilgore, Killough, Lacy, Lynch, Martin of Navarro, Martin of Hunt, McKinney, McCormick, Moore, Murphy, Nunn, Reagan, Ra- mey, Robertson of Bell, Robeson of Fayette, Ross, Russell of Wood, Spikes, Scott, Sessions, Stockdale, Whitehead, Wright, Whitfield, West— 56. Nays — Abner, Ballinger, Bruce, Cline, Coolcy, Douglass, Dohoney, Davis of AYhartou, Flanagan, Henry of Smith, King, Lockett, McCabe, Morris, Mills, Mitchell, ISTorvell, Nugent, Pauli, Reynolds, Russell of Harrison, Smith, Stayton, Wade, Waelder — 25. Pending call of the roll, Messrs. German and Sansom asked to be excused from voting, being interested in the question. Excused. Mr. Flournoy moved to reconsider the vote just taken and to lay the motion on the table. Carried. The Convention then resumed the consideration of the special order, viz : The Legislative Department, as reported by the committee. Mr. Waelder moved that the Convention go into Committee of the Whole on the pending question, and that he be excused from acting as chairman of the committee. Carried. The Convention went into Committee of the Whole, Mr. Stockdale, cliairman. The committee arose, reported progress, and asked leave to sit again. Report adopted. Mr. Brown ofibred the following resolution : Resolved^ That the ordinance this day passed by this Conven- 198 JOURNAL OF THE \Sept 25, 1875. tion, entitled " An ordinance postponing the general election of December, A. D. 1875, and for other purposes," shall be duly enrolled, signed by the President of the Convention, counter- signed by the secretary, and deposited in the office of the Secre- tary of State ; and that the President of the Convention is hereby instructed to inform the Governor of such action, and re- port the fact back to the Convention to be entered of record on its journals. Adopted. On motion of Mr. McCormick, the use of the hall was granted to Mr. Mood, of Georgetown, to deliver a lecture. On motion of Mr. Russell, of Harris, the Convention ad- journed until 9 o'clock to-morrow. EIGHTEENTH DAY. Hall of Representatives, Austin, Texas, September 25, 1875. Convention met pursuant to adjournment ; roll called ; quorum present. Prayer by the Rev. R. H. Wilenburg, of Austin. Journals of yesterday were read and adopted. On motion of Mr. Kilgore, Mr. Flanagan was excused from attendance on the Convention until October 4th, proximo. Mr. Stockdale presented the memorial of sundry citizens of Wilson county in regard to legislative apportionment. Referred to Committee on Legislative Apportionment. On motion of Mr. Whitfield, Mr. Brown was added to Com- mittee on General Provisions. Mr. Martin, of Navarro, reported as follows : Committee Room, \ Austin, September 24, 1875. \ To the Hon, E. B. Pickett^ President of the Convention : Your committee, to whom was referred the resolution to inquire into the expediency of inserting a provision in the constitution, authorizing the Legislature to enact local or special laws for the different sections of the State, in reference to fences for agricul- ture and stock-raising, have had the same under careful consid- eration, and instruct me to report the accompanying resolution, and recommend its adoption. Marion Martin, Chairman. Resolved^ That the following section be incorporated in the Sept. 25, 1875.] CONSTITUTIONAL CONVENTION. 199 constitution, in the article relating to the legislative department : " Sec. — . The Legislature shall pass general laws authorizing any county in the State, by a vote of two-thirds of the qualified voters, voting at any general election, to adopt a fence system in such county for the protection of farmers and stock-raisers." Laid over to come up under the rule. Mr. Whitfield made the following report : Committee Room, ] Austin, September 25, 1875. \ To the Hon. E. B. Pickett^ President of the Convention : Your committee, to w^hom was referred a memorial of certain citizens of Grayson county, beg leave to return said memorial to your honorable body, and request that it be referred to the Com- mittee on Suffrage, as it is more appropriate matter for that committee. Yours respectfully, J. W. Whitfield, Chairman. Report adopted. Mr. Ford submitted the following report : Committee Room, ) Austin, September 24, 1875. f To the Ilmi. E. B. Pickett.^ President of the Convention : The Committee on State Aff'airs, to which was referred the petition of the people of Georgetown, Williamson county, ask- ing for the privilege of voting upon the question of prohibiting the sale of spirituous liquors, etc., have had the same under con- sideration, and have instructed me to report the following resolu- tion and to ask for its adoption by the Convention : " Resolved, That the Committee on General Provisions be instructed to inquire into the expediency of requiring the Legis- lature of this State to pass a law to enable difierent localities by a majority vote of their legal voters, to prohibit the sale of intoxicating liquors within certain prescribed and clearly defined limits, and providing for punishing violations of said law." John S. Ford, Chairman. Laid over under the rules. Mr. Pauli ofiered the following resolution : Resolved.^ That the printed report of any standing committee after remaining on the desk of each member the stipulated time, be considered and acted upon in the following manner : That a certain number of sections of the report be referred to a certain number of members of the Convention (not members of the respective standing connnittees) for their particular consid- eration. That, for this object the President shall assign as many sections 200 JOURNAL OF THE [Sep, 27, 1875. of the report to as many select committees as may be expedient, to learn the different opinions on the changes or amendments to the original report, and to make these as compact as possible. That these respective select committees shall then, at their earliest convenience, lay their amendments and charges, in writ- ing, together with the original report, before the Convention in such form as to, in as much as possible, stop all unnecessary em- barrassment of the Secretary, and expedite the work of the Com- mittee of the Whole. Laid over under the rule. On motion of Mr. Dohoney the Convention resolved itself into Committee of the Whole (Mr. Dohoney, Chairman,) on Art " Legislative Department," as reported by the committee on that subject. Committee arose, and through their chairman reported pro- gress and asked leave to sit again. Keport adopted. On motion of Mr. Mills, the Convention adjourned until Mon- day morning, 9 o'clock. NINETEENTH DAY. Hall of Representatives, ) Austin, Texas, September 27, 1875. f Convention met pursuant to adjournment ; roll called; quorum present ; prayer by the Kev. Mr. Philpot, of Austin. On motion of Mr. Eamey, Mr. Allison was excused from at- tendance on the Convention on account of sickness. On motion of Mr. Cooley, Mr. Waelder was excused from at- tendance on the Convention on account of sickness. Mr. Stayton presented the memorial of sundry citizens of Wil- son county in regard to judicial apportionment. Referred to Committee on Judiciary. Mr. Ramey, chairman of the Committee on Engrossed and En- rolled Ordinances, made the following report : Committee Room, ] Austin, September 27, 1875. f To the Hon. E. B. PicJmtt^ President of the Convention : Sir — Your committee on "Engrossed and Enrolled Ordi- nances " beg leave to report that they have carefully examined and compared " An ordinance postponing the general election of Sept 27, 1875.J CONSTITUTIONAL CONVENTION. 201 December, A. D. 1875, and for other purposes," and find the same correctly engrossed and enrolled. Respectfully, Wm. Neal Ramey, Chairman. Report accepted. Mr. Flournoy offered the following resolution : Besolved^ That the Convention hereafter hold two sessions each day, the first to begin at 9 o'clock a. m., and the second at 2^ o'clock p. M. Adopted. Mr. Mills offered the following resolution : Resolved^ That the Secretary' of State be requested to furnish this Convention with a statement of the registered vote of the State, by counties, as it now stands, and a hundred copies be printed for the use of this body. Laid on the table. Mr. Martin, of Navarro, offered the following resolution : Resolved^ That the President appoint a select committee of five to report an ordinance or provision in the constitution that will secure the most efi*ective and speedy collection of all back taxes, as well as all future taxes. Adopted. Mr. Ballinger offered the following resolution : Resolved^ That the Committee on Municipal Corporations shall report a proper exception or provision in the constitution which shall secure to the city of Galveston, and other cities on the Gulf coast, the right to create the debt and issue valid bonds therefor, which may be necessary to build such breakwater, sea- wall or other improvement as will protect said city or cities against all injury or danger from the waters of the Gulf coast. Referred to Committee on Municipal Corporations. Mr. Brady offered the following resolution : Whereas, The chairmen and members of the various com- mittees of this Convention have no time, apart from their respective duties as representatives, to act as committee clerks; be it Resolved^ That the Convention at once go into an election for one general committee clerk. Laid over under the rules. Mr. Barnett offered the following resolution : Resolved, That the five dollars per day allowed the delegates of this Convention be limited to sixty days, and one dollar per day allowed for the remainder of the session. Referred to Committee on Printing and Contingent Expenses. 202 JOURNAL OF THE {Sept 27, 1875. BUSINESS ON THE TABLE. The following report was taken up and adopted : Committee Room, \ Austin, September 24, 1875. f To the Hon. E. B. Pickett^ President of the Convention : The Committee on State Aifairs to which w^as referred the petition of the people of Georgetown, Williamson county, ask- ing for the privilege of voting upon the question of prohibiting the sale of spirituous liquors, etc., have had the same under con- sideration, and have instructed me to report the following re- solution, and to ask for its adoption by the Convention : Resolved, That the Committee on General Provisions be in- structed to inquire into the expediency of requiring the Legisla- ture of this State to pass a law to enable different localities by a majority vote of their legal voters, to prohibit the sale of intoxi- cating liquors within certain prescribed and clearly defined limits ; and providing for punishing violations of said law. John S. Ford, Chairman. The following report was taken up and referred to the Com- mittee on General Provisions : Com]mittee Room, [ Austin, September 24, 1875. \ To the Hon, E. B. Pickett, President of the Convention : Your committee to whom w^as referred the resolution to in- quire into the expediency of inserting a provision in the consti- tution, authorizing the Legislature to enact local or special laws, for the dififerent sections of the State in reference to fences for agriculture and stock-raising, have had the same under consider- ation and instruct me to report the accompanying resolution and recommend its adoption : Maeion Martin, Chairman. Resolved, That the following section be incorporated in the constitution, in the article relating to the Legislative Department : " Section — . The Legislature shall pass general laws author- izing any county in the State, by a vote of two-thirds of the qualified voters, voting at any general election, to adopt a fence system in such county, for the protection of farmers and stock- raisers." The following resolution was taken up and referred to Com- mittee on State Affairs : ''' Resolved, That the printed report of any standing committee, aafter remaining on the desk of each member the stipulated time, be considered and acted upon in the following manner : Sept. 27, 1875.] CONSTITUTIONAL CONVENTION. 203 " That a certain number of sections of the report be referred to a certain number of members of the Convention (not members of the respective standing committees) for their particular con- sideration. " That, for this object, the President shall assign so many sec- tions of the report to as many select committees as may be expedient, to learn the different opinions on the changes or amendments to the original report, and to make these as compact as possible. " That these respective select committees shall then, at their earliest convenience, lay their amendments and changes, in writing, together with the original report, before the Conven- tion in such form as to, in as much as possible, stop all unneces- sary embarrassment of the Secretary, and expedite the work of the Committee of the Whole." Mr. Kussell, of Wood, moved that the Committee of the "Whole be requested to report back the " Legislative Department " article, and report progress, and ask to be discharged from a further consideration of the subject in Committee of the Whole. Carried. Mr. Dohoney, as said chairman, reported that the Committee of the Whole had considered said article, and had adopted sec- tions 1, 2, 3 and 4, with an amendment to section 2, as follows : "Sec. 2, line 1, between the words 'chosen' and 'by,' insert ' after every apportionment.' " On motion of Mr. West, the amendment was lost. The Convention proceeded to consider the article by sections. Section 1 adopted. Sec. 2. Mr. Brown offered the following amendment : Add, "And after the census of 1890 the Senate may be in- creased to the number of forty and the House to the number of one hundred and twenty representatives." Mr. Wade offered the following as a substitute for Mr. Brown's amendment : In the sixth line, after the word " thereafter," strike out the remainder of the section and add : " The Senate may be increased to forty members and the House of Representatives so as not to exceed one member to every twenty thousand inhabitants." Lost. Mr. Brown's amendment was also lost. Mr. DeMorse offered the following amendment : At the end of Sec. 2 add: "At the period of each appor- tionment, the terms of the Legislature previously elected shall expire." 204 JOURNAL OF THE {Sept 27, 1875. Mr. West ofiered the followino- as a substitue for the amend- ment : Add to Sec. 2 : " And after each apportionment there shall be a general election for senators and representatives." Adopted. Mr. Kil^ore offered the following as a substitue for Sec. 2 : " The Senate shall consist of thirty members and the House of Representatives of ninety members, until the first apportionment after the adoption of this constitution, when, or at any appor- tionment thereafter, the House of Representatives may be in- creased by the Legislature. Lost. Mr. Crawford offered the following]: as a substitute for the sec- tion : " The Senate shall consist of thirty members, until the first ap- portionment after the year A.D. 1880, when, or at any appor- tionment thereafter, it may be increased by the Legislature, but the Senate shall never consist of more than fifty members. " The House of Representatives shall consist of ninety members, until the first apportionment after the year A.D. 1880, when, or at any apportionment thereafter, the number of representatives may be increased by the Legislature, but there shall never be more than one representative for every 20,000 inhabitants. "At the first election after each apportionment there shall be an election for all of the senators and representatives.'' Laid on the table. On motion of Mr. McCormick the section was adopted : Mr. Whitfield offered the following amendment to Sec. 3 : In Sec. 3, line 11, strike out " four " and insert " two," and strike out the remainder of section. On motion of Mr. Mills the amendment was laid on the table * by the following vote : Yeas — Abner, Ballinger, Blassingame, Brady, Bruce, Craw- ford, Cook of Gonzales, booke of San Saba, Cline, Cooley, Doug- lass, Dillard, DeMorsc, Dohoney, Dunnam, Davis of Brazos, Davis of Wharton, Erhard, Fleming, Ferris, German, Gaither, J Henry of Smith, Holmes, King, Killough, Lockett, Lacy, Lynch, ^L McCabe, Morris, Mills, Mitchell, Moore, Nunn, Nugent, Pauli, | Reagan, Ramey, Reynolds, Robeson of Fayette, Ross, Russell of Harrison, Russell of Wood, Scott,_Smith, Stayton, Sansom, Wade, Wright, Weaver, West — 52. Nays — Abernathy, Arnim, Brown, Barnett, Burleson, Cham- bers, Cardis, Darnell, Ford, Flournoy, Graves, Holt, Henry of Limestone, Haynes, Johnson of Franklin, Johnson of Collin, Sept. 27, 1875.] CONSTITUTIONAL CONVENTION/ 205 Kilgore, McLean, Martin of Navarro, Martin of Hunt, McKin- nej, McCormick, Murphy, Norvell, Robertson of Bell, Spikes, Sessions, Whitehead, Whitfield— 29. On motion of Mr. German Sec. 3 was adopted. Mr. Martin, of Navarro, moved that the Convention proceed to consider the article by sections, perfect the same, and pass on without acting finally upon the section. Carried. Mr. McCormick ofiered the following amendment to sec- tion 5 : In ninth line^ strike out " two " and insert " four." In line twenty, after the word " Governor " insert the words " upon ex- traordinary occasions when the public safety requires." On the question of the adoption of striking out '' two " and in- serting '' four," the yeas and nays were called for, and the amend- ment lost by tlie following vote: Yeas — Arnim, Chambers, Holmes, Johnson of Collin, Kil- gore, McCormick, Smith, Stayton, Whitfield — 9. Nays — Abernathy, Abner, Brown, Blake, Ballinger, Blassin- game, Barnett, Burleson, Brady, Bruce, Crawford, Cook of Gon- zales, Cooke of San Saba, Cline, Cooley, Cardis, Douglass, Dil- lard, DeMorse, Dohoney, Darnell, Dunnam, Davis of Brazos, Davis of Wliarton, Erhard, Ford, Fluurnoy, Fleming, Ferris, German, Graves, Holt, Henry of Smitli, Henry of Limestone, Haynes, Johnson of Franklin, King, Killough, Lockett, Lacy, Lynch, McLean, Martin of Navarro, McCabe, Morris, Mills, Mitchell, McKinney, Moore, Murphy, Norvell, Nunn, Nugent, Pauli, Beagan, Bamey, Reynolds, Robertson of Bell, Robeson of Fayette, Ross, Russell of Harrison, Russell of Wood, Spikes, Scott, Sessions, Sansom, Wade. Whitehead, Wright, Weaver, West— 71. Mr. McCormick withdrew liis second amendment. Mr. DeMorse ottered the following as an additional section to come in between section 5 and section 6 : Insert after section 5 as an additional section : Every member of the Legislature, before entering upon the duties of his position, shall have the following oath administered to him : " I will faithfully represent the interests of my constituency and the general interests of the State. I will observe and sus- tain the constitution of the State and the constitution of the United States ; and I have not since my election received, and will not during the continuance of my term of ofiice receive, any gift, accommodation, free ticket or compensation, from any rail- road or other corporate company, other than shall be extended to 206 JOURNAL OF THE {Sept. 27, 1875. citizens of the State generally, nor any unusual accommodation or compensation from any private individual." Mr. Crawford made this point of order, viz : That under rule twenty-three, the section being new matter, not before considered by the Convention, should be referred without debate to some standing committee. The chair ruled against the point of order. Mr. Crawford appealed, and the Convention sustained the chair. Mr. Mills offered the following amendment to Mr. DeMorse's additional section : Add " or used a free pass or tried to bor- row the same." Mr. McCormick moved to lay the amendment on the table. Lost. Mr. Moore oifered the following amendment : " And that to procure my election I have not paid nor promised to pay, nor will I pay any sum of money or any other thing of value, or any expense incurred therefor to any person whatever." The question upon the adoption of Mr. Mills's amendment was put, and the amendment adopted by the following vote : Yeas — Abernathy, Abner, Blassingame, Burleson, Brady, Crawford, Cook of Gonzales, Cooke of San Saba, Cooley, Cardis, Dillard, Dohoney, Davis of Brazos, Ford, Flournoy, Holt, Henry of Smith, Holmes, Johnson of Franklin, Johnson of Collin, Kilgore, Killough, Lockett, Lynch, Martin of Navarro, Martin of Hunt, McCabe, Mills, Mitchell, Moore, Murphy, JSTugent, Pauli, Reagan, Kamey, Reynolds, Ross, Russell of Harrison, Russell of Wood, Scott, Smith, Wade, Weaver — 43. I^AYS — Arnim, Brown, Blake, Ballinger, Barnett, Bruce, Chambers, Cline, Douglass, DeMorse, Darnell, Dunnam, Davis of Wharton, Erhard, Fleming, Ferris, German, Graves, Henry of Limestone, King, Lacy, McLean, McKinney, McCormick, Norvell, Nunn, Robertson of Bell, Robeson of Fayette, Spikes, Sessions, Stay ton, Sansom, Whitehead, Wright, Whitfield, West. —36. Mr. Moore's amendment was then adopted. The question then recurring upon the adoption of Mr. De- Morse's amendment as amended, the same was put and the yeas and nays being called, the amendment was lost by the following vote : ' Yeas — Abernathy, Arnim, Blassingame, Burleson, Chambers, Cooley, Cardis, DeMorse, Dohoney, Dunnam, Graves, Henry of Limestone, Holmes, Johnson of Franklin, Johnson of Collin, Kilgore, McLean, Martin of Navarro, Martin of Hunt, Mills, i Sept. 27, 1875.] COxNSTITUTIONAL CONVENTION. 207 Mitchell, McKinney, McCormick, Moore, Nimn, Nugent, Rey- nolds, Robertson of Bell, Robeson of Fayette, Ross, Russell of Harrison, Russell of Wood, Sessions, Smith, Weaver, Whit- field—36. Nays — Abner, Brown, Blake, Ballinger, Barnett, Brady, Bruce, Crawford, Cook of Gonzales, Cooke of San Saba, Cline, Doug- lass, Dillard, Darnell, Davis of Brazos, Davis of Wharton, Erhard, Ford, Flournoy, Fleming, Ferris, German, Holt, Henry of Smith, Haynes, King, Killough, Lockett, Lacy, Lynch, Mc- Cabe, Murphy, Norvell, Pauli, Reagan, Ramey, Spikes, Scott, Stayton, Sansom, Wade, Whitehead, Wright, West — 44. Mr. McLean moved to reconsider the vote just taken and to postpone the consideration of the same for the present. Mr. Mills offered the following amendment : In Sec. 6, line 25, strike out " five " and insert " three " years ; in same section, line 27, strike out " thirty " and insert " twenty- five " years. Lost. Mr. Martin, of Navarro, offered the following substitute for sections 6 and 7 : " No person shall 1)6 a senator or representative, unless he be a citizen of the United States and a qualified elector of this State and shall have resided in their respective counties or districts one year next preceding tlieir election, and shall continue therein during their term of service." Lost. Mr. Dillard offered the following substitute for sections 6 and 7: "No person shall be a senator or representative unless he be a citizen of the United States, and, at the time of his election, a qualified elector of this State, and shall have been a resident of this State five years next preceding his election, and the last year thereof a resident of the district for which he shall be chosen." The yeas and nays being called on the question, the substitute was lost by the following vote : Yeas — Arnim, Brady, Bruce, Crawford, Dillard, Ford, Flem- ing, Graves, Henry of Limestone, Haynes, Johnson of Collin, Martin of Navarro, Martin of Hunt, Mitchell, McCormick, Moore, Norvell, Reagan, Scott, Wright, Whitfield — 21. Nats — Abernathy, Abner, Brown, Blake, Ballinger, Blassin- game, Barnett, Burleson, Chambers, Cook of Gonzales, Cooke of San Saba, Cline, Cooley, Douglass, DeMorse, Dohoney, Dar- nell, Dunnam, Davis of Brazos, Davis of Wharton, Erhard, Flournoy, Ferris, Gaither, Holt, Henry of Smith, Holmes, John- 208 JOURNAL OF THE [Se/^f. 27, 1875. son of Franklin, King, Kilgore, Killough, Lockett, Lacy, Lynch, McLean, McCabe, Morris, Mills, McKinney, Murphy, Nunn, Nugent, Pauli, Ramey, Reynolds, Robertson of Bell, Robeson of Fayette, Ross, Russell of Harrison, Russell of Wood, Spikes, Sessions, Smith, Stayton, Sansom, Wade, Whitehead, Weaver, West— 59. Mr. Whitfield offered the following amendment : Section 6, line 27, strike out " thirty " and insert " twenty- four." The yeas and nays being called, the amendment was lost by the following vote : Yeas — Abernathy, Arnim, Brown, Barnett, Brady, Bruce, Crawford, Chambers, Dillard, Darnell, Ford, Fleming, Graves, Henry of Limestone, Havnes, Johnson of Collin, Kilgore, Lock- ett, Martin of Navarro, Martin of Hunt, Mills, Mitchell, McCor- mick, Moore, Nor veil, Pauli, Reagan, Ross, Scott, Sessions, Wade, Whitehead, Wright, Whitfield— 34. Nays— Abner, Blake, Ballinger, Blassingame, Burleson, Cook of Gonzales, Cooke of San Saba, Cline, Cooley, Douglass, De- Morse, Dohoney, Dunnam, Davis of Brazos, Davis of Wharton, Erhard, Flournoy, Ferris, German, Gaither, Holt, Henry of Smith, Holmes, Johnson of Franklin, King, Killough, Lacy, Lynch, McLean, McCabe, Morris, McKinney, Murphy, Nunn, Nugent, Ramey, Reynolds, Robertson of Bell, Robeson of Fay- ette, Russell of Harrison, Russell of Wood, Spikes, Smith, Stayton, Sansom, Weaver, West — 47. Mr. Kilgore proposed to amend section 6, line 27, by striking out " thirty " and inserting " twenty-six." Mr. Brady proposed to amend the amendment by striking out " thirty " and inserting " seventy." Lost. And Mr. Kilgore's amendment adopted. Mr. Martin, of Navarro, proposed to amend section 6, line 25, by striking out '' five years," and inserting " three years." Mr. Cook, of Gonzales, proposed to amend section 9, line 36,^ by striking out "and close;" also strike out the remainder of the sentence after the w^ord " President," in line 37. The yeas and nays being called upon the adoption of the amendment, stood as follows : Yeas — Arnim, Blassingame, Barnett, Burleson, Bruce, Cham- bers, Cook of Gonzales, Cardis, Flournoy, Fleming, Gaither, Graves, Holt, Holmes, Haynes, Johnson of Franklin, Johnson of Collin, Lacy, Lynch, Martin of Navarro, Martin of Hunt, Mills, McKinney, McCormick, Murphy, Nugent, Robertson of Bell, Sept. 27, 1875.] CONSTITUTIONAL CONVENTION. 209 Robeson of Fayette, Ross, Russell of Wood, Spikes, Scott, Ses- sions, Wade, Weaver, Wliittield— 36. Nays— Abernath3% Abner, Brown, Ballinger, Brady, Craw- ford, Cooke of San Saba, Cline, Cooley, Douglass, Dillard, De- Morse, Dohoney, Darnell, Dunnam, Davis of Brazos, Davis of Wharton, Erhard, Ford, Ferris, German, Henry of Smith, Henry of Limestone, King, Kilgore, Killongh, Lockett, McLean, McCabe, Morris, Mitchell, Moore, Norvell, Nunn, Pauli, Reagan, Ramey, Russell of Harrison, Smith, Stayton, Sansom, Whitehead, West. -43. On motion of Mr. Sansom, the Convention adjourned until ^ o'clock p. M. EVENING SESSION— 2^ o'clock. Convention met ; roll called ; quorum present. The Convention resumed the consideration of Article — , " Legislative Department." Mr. Russell, of Harrison, proposed to amend section 10, line 1, by striking oat the words ''two-thirds" and inserting "a majority." Lost. Mr. Ballinger proposed to amend section 18, line 83, by striking out all from the word ''eligible" in 83d line down to the word " Legislature " in 84th line, and insert the words " or to any other office in this State or the government of the United States elected by any part of the people of this State or by the Legislature." Mr. Wright proposed to amend the amendment by striking out of it all that related to the government of the United States. Adopted, and amendment as amended lost. Mr. Kilgore offered the following amendment to section 81 : After the word " provided " in line 87 insert " and members of the Legislature shall, in addition to the oath of office prescribed by this constitution, swear that they will not as such vote for any member thereof, during the term for which he was elected, for any office of profit or trust under the government of the United States." On motion of Mr. Martin, of Navarro, the amendment was laid on the table by the following vote : Yeas — Abernathy, Arnim, Blassingame, Barnett, Burleson, Brady, Bruce, Crawford, Chambers, Cook of Gonzales, Cooke of San Saba, Dillard, DeMorse, Dohoney, Darnell, Dunnam, Davis, of Brazos, Davis of Wharton, Ford, Flournoy, Fleming, Ger- 14 210 JOURNAL OF THE {Sept 27, 1875. man, Gaither, Graves, Holt, Heniy of Smith, Henry of Lime- stone, Holmes, Hayues, Johnson of Franklin, Johnson of Collin, King, Killough, Lockett, Lacy, Lynch, McLean, Martin of Na- varro, Martin of Hunt, McCabe, Morris, McKinney, Moore, Mur- phy, Norvell, Nunn, Panli, Keagan, Keynolds, Robertson of Bell, Eobeson of Fayette, Ross, Russell of Harrison, Russell of Wood, Spikes, Scott, Sessions, Smith, Stayton, Sansom, Wade, Whitehead, Weaver, Whitfield — 64. Nays — Ballinger, Cline, Cooley, Douglass, Erhard, Ferris, Kil- gore, Mills, Mitchell, McCormick, Nugent, Wright, West— 13. Mr. AVest gave notice that he would move a reconsideration of the vote adopting the resolution providing for two sessions a day for the Convention. Mr. Murphy proposed to amend section 19, line 93, by insert- ino- after the word " shall," ''durino- the term for wliich he is elected or appointed." Adopted. Mr. Reao^an offered the followino; as a substitute for all of section 24, down to the word " days," in line 113 : " Sec. 21. The members of the Legislatui'e shall receive from the public treasury such compensation as may have been pro- vided by law, not exceeding six dollai'S per day, for the first sixty days of each session, and after that not exceedir.g two dollars per day for the remainder of the session. Tlie members of the first Legislature to be elected under this constitution, shall receive five dollars per day for their services ; and during its first session may receive that sum for ninety days ; provided^ that the pay of members of the Legislature shall not be increased during the term for which they are elected. Mr. Fleming moved to hiy the amendment on the table. Carried by the following vote : YEAS—Abernathy, Arnim, Abner, Brown, Blake, Ballinger, Blassingame, Barnett, Burleson, Brady, Bruce, Chambers, Cook of Gonzales, Cooke of San Saba, Cardis, Douglass, DeMorse, Dohoney, Darnell, Dunnam, Davis of Brazos, Davis of Wharton, Erhard, Ford, Flourno}^, Fleming, Ferris, German, Gaither, Graves, Holt, Henry of Smith, Henry of Limestone, Holmes, Haynes, Johnson of Franklin, Johnson of Collin, King, Kilgore, jj Killough, Lockett, Lacy, Lynch, McLean, Martin of Navarro, fl Martin of Hunt, McCabe, Morris, Mitchell, McKinney, McCor- H mick, Moore, Murphy, Nugent, Pauli, Reynolds, Robertson of fl Bell, Robeson of F^ayette, Ross, Russell of Harrison, Russell of Wood, Spikes, Scott, Sessions, Smith, Stayton, Sansom, Wade, Whitehead, Wright, Wea\w3r, Whitfield, West— 73. Sept. 27, 1875.J CONSTITUTIONAL CONVENTION. 211 Nays— Crawford, Cline, Cooley, Dillard, Mills, Norvell, Nunn, Reagan, Harney — Ss. Mr. Eeacran ottered the same substitute, after striking out " six dollars," and inserting " tive dollars." Mr. Henry, of Smith, moved to lay it on the table. The yeas and nays were called, and the substitute laid on the table by the following vote : Yeas — Abernathy, Arnim, Abner, Ballinger, Blassingame, Barnett, Burleson, Brady, Bruce, Chambers, Cook of Gonzales, Cooke of San Saba, Douglass, DeMorse, Dohonej, Davis of Brazos, Davis of Wharton, Flournoy, Fleming, Ferris, German, Gaither, Graves, Heni-y of Smith, Henry of Limestone, Holmes, Johnson of Franklin, Johnson of Collin, Killough, Lacy, Lynch, McLean, Martin of Navarro, Martin of Hunt, Morris, Mitchell, McKinney, McCormick, MurjJiy, Nugent, Reynolds, Robertson of Bell, Robeson of Fayette, Ross, Rnssell of Harrison, Russell of Wood, Sessions, Smith, Stayton, Wade, Wright, Weaver — 52. Nays — BLake, Crawford, Cline, Cooley, Cardis, Dillard, Dar- nell, Dunnam, Erhard, Ford, Holt, Haynes, King, Kilgore, Lockett, McCabe, Mills, Moore, Norvell, Nunn, Pauli, Reagan, Ramey, Spikes, Scott, Sansom, Whitehead, Whittteld, West — 29. Mr. Flemino; moved to strike out line 111 of section 24. Mr. DeMorse ottered the following as a substitute f(jr the amendment : Strike ont line 111, and the word " session " in line 112, and amend so as to read : " Not exceeding live dollars per day for sixty days, and no ])ay thereafter." Mr. Russell, of Wood, moved to lay the amendment on the table. Carried by the following vote: Yeas — Abernathy, Arnim, Abner, Blake, Ballinger, Blassin- game, Burleson, Brady, Bruce, Cook of Gonzales, Cooke of San Saba, Cline, Cooley, Cardis, Douglass, Dohoney, Darnell, Dun- nam, Davis of Brazos, Davis of Wharton, Erhard, Flournoy, Ferris, Graves, Holt, Henry of Smith, Henry of Limestone, Holmes, Haynes, Johnson of Franklin, King, Kilgore, Killough, Lockett, Lacy, Martin of Navarro, Martin of Hunt, McCabe, Mills, McKinney, Moore, Murphy, Norvell, Nunn, Pauli, Reagan, Ramey, Reynolds, Robeson of Fayette, Russell of Wood, Spikes, Scott, Sessions, Smith, Stayton, Sansom, Wade, Whitehead, Weaver — 59. Nays — Barnett, Crawford, Chambers, Dillard, DeMorse, Ford, Fleming, German, Gaither, Johnson of Collin, Lynch, McLean, 212 JOURNAL OF THE \SepL 27, 1875. Morris, Mitchell, McCormick, Nugent, Robertson of Bell, Ross, Wright, Whitfield— 20. Mr. Ferris oifered the following amendments: On page 5, line 110, strike ont "sixty days" and insert "ninety days;" same page, line 113, strike out " for the first ninety days " and insert " for the entire session." Mr. German moved to lay the amendment on the table. Carried by the following vote: Yeas — Abernathy, Arnim, Abner, Blake, Blassingame, Bar- nett, Burleson, Bruce, Cook of Gonzales, Cooke of San Saba, Douglass, Dillard, DeMorse, Dohonej^, Darnell, Dunnam, Davis of Brazos, Flournoy, Fleming, German, Gaither, Graves, Holt, Henry of Limestone, Holmes, Haynes, Johnson of Franklin, Johnson of Collin, Kilgore, Xillough, Lacy, L3^nch, McLean, Martin of Navarro, Martin of Hunt, McKinne3% McCormick, Moore, Murphy, Nugent, Pauli, Ramey, Robertson of Bell, Rob- eson of Fayette, Ross, Russell of Wood, Spikes, Scott, Sessions, Smith, Stayton, Sansom, Wade, Whitehead, Wright, Whit- field—57. Nays — Ballinger, Brady, Crawford, Chambers, Cline, Cooley, Cardis, Davis of Wharton, Erhard, Ford, Ferris, Henry of Smith, King, Lockett, McCabe, Morris, Mills, Mitchell, Nunn, Reagan, Re )m olds — 21. Mr. Nuoi:ent offered the followino- amendment : Amend by adding to the section : " The members of the Leg- islature shall also receive in lieu of all allowances for stationery and postage such sum as may be provided by law, not to exceed the sum of thirty dollars for each member." On motion of Mr. Martin, of Navarro, the amendment was laid on the table. Mr. McCormick moved to amend sec. 24, line 111, by strik- ing out " two " and inserting " one." Laid on the table. Mr. Brady oifered the following amendment : " Sec. 24. The members of the Legislature shall receive from the public treasury, as compensation, a salary of $300 for the term for which they are elected. And in the event of an extra session being called, they shall receive five dollars per day. They shall receive mileage at the rate of five dollars for each twenty-five miles necessarily traveled in going to and returning from the capital ; but no member shall be entitled to mileage for any extra session that may be called within one day after the adjournment of a regular session." Sept. 2'^, 1875.J CONSTITUTIONAL CONVENTION. 213 On Daotion of Mr. Martin, of Navarro, tlie amendment was laid on the table. Mr. Ballinger proposed to amend section 24 by inserting after the word " days " in line 113, the words "and after that not exceeding two dollars per day ^br the remainder of the session." Adopted. Mr. McCormick offered the following amendment : Strike ont sections 25 and 26, and snbstitute for section 25 the following : " Sec. 25. The State shall be divided into Senatorial Districts of contiga(nis compact territory, according to the number of inhabitants as near as may be ; and each district shall be entitled to elect one senator and three representatives." On motion of Mr. Martin, of Navarro, the Convention ad- journed until 9 o'clock to-morrow morning. TWENTIETH DAI. Hall of Representatives, ) Austin, Texas, September 28, 1875. ) Convention met pursuant to adjournment ; roll called ; quorum present. Prayer by liev. Mr. Wright, of Austin. Journal of yesterday read and adopted. Mr. Brown submitted the following additional rules for the guidance of the Convention : "Every resolution or ordinance, before it becomes a part of the constitution, shall be read on three several days. "The first reading shall be for information, and upon being read a first time, if not reported by a committee, it shall be re- ferred to the appropriate committee without debate. " Upon a second reading of a resolution or ordinance, it shall be subject to commitment or amendment. " The final question upon the second reading shall be, 'Whether it shall be engrossed and read a third time.' *' No amendment shall be received at the third reading of a resolution or ordinance without the consent of two-thirds of the members present. " It shall be in order, at the third reading of a resolution or or- dinance, to move its commitment ; and should such commitment take place and any amendment be reported by the committee, the said resolution or ordinance shall be considered as on its second reading. 214 JOURNAL OF THE \Sept 27, 1875. "Business on the table shall be taken up in the following order : " First — Simple resolutions. " Second — Resolutions and ordinances on the second reading. " Third — Resolutions and ordinances on the third reading." Referred to Committee on Rules. Mr. Mills offered the following amendment to the rules : " Rule — . After the yeas and nays have been ordered and vote has actually begun, no member shall have the right to speak or have the subject matter explained." Laid over under the rule. Mr. Mills submitted the following memorial, wdiich was read and referred to Committee on Lands and Laud Office. To the Honorable the menihers of the Constitutional Convention of tJie State of Texa^: * -H- * * -Jt -Sf -Jf Your memorialists are Mary J. Thompson, the widow, and Maggie J. Weldy (who is intermarried with S. Weldy) and Jen- nie C. Thompson, the children of the identical Henry N. Thomp- son, who was first lieutenant in the company of volunteers com- manded by George W. Burroughs in the war for Texan indepen- dence. Said company originally belonged to the first regiment of permanent volunteers, commanded by Colonel Joseph Rogers, but your memorialist, Mary J. Thompson, believes that, upon the organization of the Army of Texas, in 1837, said company was placed in the second regiment of permanent volunteers. And your memorialists respectfully represent that said company was organized and equipped in the town of Zanes\"ille, Ohio, where they now reside ; that said Lieutenant Thompson remained in the service of Texas until his company and regiment Avere hon- orably discharged ; that he is now dead, and your memorialists are very poor ; therefore they pray that your honorable body may grant to the said Mary J. Tliompson the land to which her said husband was entitled under the laws of Texas, but for which he never made application. M. J. TnoaiPSON, S. Weldy, Maggie J. Weldy, Jennie C. Thompson. The following communication was taken from the President's desk, read, and referred to the Committee on Public Lands and Land Office : 1 Sept. 27, 1875.] CONSTITUTIONAL CONVENTION. 215 General Land Office, ) Austin, September 27, 1875. ) To the Hon. E. B. Ph-kett^ President of the Convention : Sm — I have the honor to acknowledge the receipt of a com- munication from the Secretary of the Convention, inclosing copy of a resolution adopted by the Convention on the 20th day of September, instant. I desire to inform the honorable body over which you preside that I can not possibly furnish the information sought within a less time than six months. If, under the circumstances, it is de- sired that I should begin the work, you will please advise me, and T will place all the available force of the office upon it. Very respectfully. Your obedient servant, J. Gkoos, Commissioner General Land Office. Mr. Russell, of Harrison, presented the petition of sundry citizens of Longview, asking that occupation tax on selling- goods by sample be abolished. Referred to Committee on Revenue and Taxation. Mr. Cook, of Gonzales, submitted the following report : CoMMrriEE Room, \ ArsTiN, September 27, 1S75. j To the Hon. K. B. Pieh'tt^ President of the Convention: Your Committee on Printing and Contingent Expenses, to whom was referred resolution directing said committee to inquire into the expediency of having the new constitution printed in the Spanish language, have had the same under consideration, and have instructed me to report the following resolution and recommend its adoption, viz : ''' Resolved .^ That the Committee on Printing and Contingent Expenses be and they are hereby authorized to contract, on the best terms they can obtain, for the translation of the new consti- tion in the Spanish language, and the printing of three thousand copies of the same for distribution among the Spanish-speaking citizens of the State.'' W. D. S. Cook, Chairman. Adopted. "^ Mr. Ilaynes offered the following resolution : Pesoh^ed^ That the Commissioner of the General Land Office be requested to furnish this Convention with a statement show- ing the yearly expense of running said office, and the amount of fees collected in said office for work done and turned over to the State ; the number of emplo^^es required to do the work ; the 216 JOURNAL OF THE \Sept. 28, 1875. amounts drawn by them as salaries from the State. The said statement to show the cost of carrying on the said Land Office, over and above the amounts received as fees. Adopted. Mr. Russell, of Wood, offered the following resolution : Hesolved^ That it is the sense of this Convention that there ought to be a clause in the present constitution inhibiting the Attorney General or any other officer of the State from employ- ing attorneys or clerical force, unless the same is authorized by pre-existing statute. Keferred to Judiciary Commiteee. Mr. Moore offered the following resolution : Resolved^ That the Committee on Printing be authorized and directed to make a contract for the printing of one thousand copies of the constitution in the Bohemian language. Mr. Mills moved to lay the resolution on the table. Lost by the following vote : Yeas — Brown, Blake, Blassingame, Barnett, Brady, Bruce, Chambers, Douglass, Dohoney, Dunnam, Davis of Wharton, Graves, Holt, Holmes, Johnson of Franklin, Lacy, Martin of Navarro, Martin of Hunt, Morris, Mills, Ramey, Russell of Wood, Spikes, Sansom, Wade, Weaver — 26. Nays — Allison, Abernathy, Arnim, Abner, Ballinger, Burle- son, Crawford, Cook of Gonzales, Cooke of San Saba, Cline, Cooley, Cardis, Dillard, DeMorse, Darnell, Davis of Brazos, Erhard, Ford, Flournoy, Fleming, P'erris, German, Gaither, Henry of Smith, Henry of Limestone, Haynes, Johnson of Collin, Kilgore, Killough, Lockett, Lynch, McCabe, Mitchell, McKinney, McCormick, Moore, Murphy, Norvell, Nunn, Nugent, Fauli, Reagan, Rentfro, Robertson of Bell, Robeson of Fayette, Ross, Russell of Harrison, Scott, Sessions, Smith, Stockdale, Stay ton. Whitehead, Wright, Whitfield, West — 56. The President announced the following Select Committee, authorized by a resolution of Mr. Martin, of Navarro, to provide for an effective and speedy collection of all taxes due, or to be- come due, the State : Messrs. Martin, of Navarro, chairman, Waelder, Norvell, Henry of Smith, and West. Mr. Brown offered the following, to come in after the preamble to the Bill of Rights, under the head of " BOUNDARIES. ^^ In accordance with tlie following treaties, acts and joint reso- lutions, to-wit : " The treaty concluded between Spain and the United States Sept. 28, 1875.] CONSTITUTIONAL CONVENTION. 2lY of America, on the 22d of February, 1819, and ratified on the 22d of February, 1821 ; '* The treaty concluded between the United States of America and the United Mexican States, January 12, 1828, and ratified April 5, 1832 ; *" An act of the Congress of the Republic of Texas, approved December 19, 1836 ; ^ " A joint resolution of the Legislature of the State of Texas, approved April 29, 1846 ; " An act of the Congress of the United States of the 5th of July, 1848, accepted and assented to by the State of Texas by the act of November 2, 1849 ; " And an act of the Congress of the United States, (commonly called the compromise act), approved September 9, 1850 ; ac- cepted and assented to by an act of the Legislature of the State of Texas, approved on the 25th day of November, 1 850 — " The boundaries of the State of Texas are hereby declared to be and shall forever remain as hereinafter set forth, to-wit : ^* Beginning in the middle of the mouth of Sabine Bay or Pass, on the Gulf of Mexico ; thence up the middle of Sabine Bay or Lake to the mouth of the Sabine river ; thence up the central channel of said river to latitude 32 degrees north ; thence due north, on the line established in the year 1840, to Red river ; thence up the Rio Roxo, or Red river, to the one hundredth degree of longitude west from London and twenty-three west from Washington ; thence due north to the parallel of thirty-six degrees and thirty minutes north latitude ; thence due west to the meridian of one hundred and three degrees of longitude west from Greenwich ; thence due south to the thirty-second degree of north latitude; thence due west, on the line of thirty-two degrees north latitude, to the channel of the Rio Bravo del Norte, otherwise called the Rio Grande ; thence with the channel of said river to its mouth in the Gulf of Mexico ; thence, on a line drawn three marine leagues from the shore of the Gulf of Mexico, to the beginning, at the mouth or pass of Sabine Bay." Referred to Committee on Bill of Rights. The Convention then proceeded to the consideration of unfin- ished business, the pending question being Mr. McCormick's sub- stitute for sections 25 and 26. Taken up and consideration of the sections and substitute passed over for the present. Mr. Nunn proposed to amend line 156, section 32, by striking out "a" and inserting the words "which necessity shall be stated in." Lost. 218 JOURNAL OF THE {Sept. 28, 1875. Mr. Brown proposed to insert after preamble tlie words " or in the bill itself." Lost. Mr. Stockdale offered the following amendment : Section 34, line 163, strike out the words " or resolution." Adopted. Mr. Cook, of Gonzales, offered the following amendment : Add to the beginning of the 164th line the words " shall orio:inate in the same house in wliich the oriirinal bill originated, and". Lost. Mr. Cook moved to strike out sec. 37. On motion of Mr. Mills the amendment was laid on the table. Mr. West offered to amend the section by striking out the words " and printed for use of the members." Adopted. Mr. Martin, of Navarro, offered the following amendment : Sec. 37, line 175, between " committee " and ''returned " insert "and". Adopted. Mr. Ballinger proposed to amend section 37, line 175, by strik- ing out " returned therefrom " and inserting " reported thereon." Adopted. Mr. Nunn proposed to strike out " a " and insert "the" in line 183, in section 37. Lost. Mr. Nugent proposed to amend section 38, line 177, by strik- ing out the words " and joint resolution." Lost. Mr. Wade proposed to strike out of section 38, line 178, the words " their title " and insert the word " they." Lost. Mr. Dohoney, ])y leave, offered the following amendment to ■ section 34 : 1 Add to the section the words, " After a resolution has been acted on and defeated, no resolution containing the same subject shall be considered at the same session." Adopted. Mr. Stockdale, by leave, offered to amend section 37 by adding J " and no bill shall be passed wliich has not l)een ])resented and referred to and reported from a committee at least three days be- fore the adjournment of the Legislature." Adopted. Mr. Flournoy proposed to amend section 40 by striking out all Sept. 28, 1875.] CONSTITUTIONAL CONVENTION. ' 219 after the word "session" in line 187 down to the word "no" in the 189th line. Mr. Ballinger offered to amend by inserting after the first word "session "in line 189 the words "or presented to them by the Governor." Mr. Johnson, of Collin, moved to lay Mr. Flournoy's amend- ment on the table. Carried by the following vote : Yeas — Allison, Abernathy, Brown, Blake, Ballinger, Blas- singame, Barnett, Burleson, Brady, Bruce, Cliam])ers, Cook of Gonzales, Cooke of San Saba, Douglass, Dillard, DeMorse, Dar- nell, Dunnam, Davis of Brazos, Fleming, Ferris, German, Gaither, Graves, Holt, Henry of Smith, Henr}^ of Limestone, Holmes, Haynes, Johnson of Franklin, Johnson of Collin, King, Kilgore, Killough, Lacy, Lynch, McLean, Martin of Navarro, Martin of Hunt, McCabe, Morris, Mills, Mitchell, McKinney, Moore, Murphy, Nugent, Pauli, Beagan, Ramey, Reynolds, Robertson of Bell, Robeson of Fayette, Ross, Russell of Harrison, Russell of Wood, Spikes, Scott, Sessions, Smith, Stockdale, Stayton, Sansom, Wade, Whitehead, Weaver — %^. Nays — Arnim, Abner, Crawford, Cline, Cooley, Dohoney, Davis of Wharton, Erhard, Ford, Flournoy, Lockett, McCormick, Norvell, Nunn, Rentfro, Wright, Whitfield, West— 18. The question recurring on Mr. Ballingcr's amendment, Mr. DeMorse ofi'ered the following as a substitute for the amend- ment: " Strikeout the words "designated in the proclamation of the Governor calling such session " and insert the words " may be presented to them by the Governor." Mr. Dillard moved to lay Mr. Ballinger's amendment on the table. Lost. Mr. German moved to reconsider the vote just taken. Lost by the following vote : Yeas — Allison, Abernatliy, Arnim, Blassingame, Barnett, Burleson, Brady, Bruce, Dillard, Dunnam, Fleming, German, Graves, Holt, Henry of Limestone, Haynes, Johnson of Collin, Lynch, Martin of Navarro, Mills, Robertson of Bell, Robeson of Fayette, Ross, Russell of Wood, Spikes, Scott, Sessions, San- som, Wade, Whitfield— 30. Nays — Abner, Blake, Ballinger, Crawford, Chambers, Cooke of San Saba, Cline, Cooley, Douglass, DeMorse, Dohoney, Dar- nell, Davis of Brazos, Davis of Wharton, Erhard, Ford, Flour- noy, Ferris, Gaither, Henry of Smith, Holmes, Johnson of Frank- 220 JOURNAL OF THE {Sept. 28, 1875. lin, King, Kilgore, Killongli, Lockett, Lacy, McLean, Martin of Hunt, McCabe, Morris, Mitchell, McKinney, McCormick, Moore, Murphy, Norvell, Niinn, Nugent, Panli, Reagan, Kamey, Rey- nolds, Rentfro, Russell of Harrison, Smith, Stockclale, Stayton, Whitehead, Wright, Weaver, AV^est— 52. The question recurring upon Mr. DeMorse's substitute for Mr. Ballinger's amendment, it was put and substitute lost. The question on Mr. Ballinger's amendment was put and the amendment adopted by the following vote : Yeas — Arnim, Abner, Brown, Blake, Ballinger, Brady, Crawford, Chambers, Cook of Gonzales, Cooke of San Saba, Cline, Cooley, Cardis, Douglass, DeMorse, Dohoney, Darnell, Dunnam, Davis of Brazos, Davis of AVharton, Erhard, Ford, Ferris, Gaither, Henry of Smith, Llolmes, King, Kilgore, Lockett, Lacy, Lynch, McCabe, Mills, Mitchell, McCormick, Moore, Murphy, Nugent, Pauli, Ramey, Reynolds, Rentfro, Russell of Harrison, Smith, Stockdale, Stayton, Whitehead, Wright, Weaver, West— 50. Nays — Allison, Abernathy, Blassingame, Barnett, Burleson, Bruce, Dillard, Flournoy, Fleming, German, Graves, Holt, Henry of Limestone, Haynes, Johnson of Franklin, Johnson of Collin, Killough, McLean, Martin of Navarro, Martin of Hunt, Morris, McKinney, Norvell, Nunn, Reagan, Robertson of Bell, Robeson of Fayette, Ross, Russell of Wood, Spikes, Scott, Sessions, Sansoni, Wade, Whitfield — 35. Mr. Martin, of Navarro, oifered the following amendment : Add to section 24 the words " or called session." Adopted. Mr. Chaml)ers moved to strike out section 41, as it more prop- erly belonged to the Executive Department. Lost. Mr. Martin, of Navarro, offered the following amendment: Add to section 41 the words " within twenty days after ad- journment of the Legislature." Mr. Stockdale offered the following as a substitute for the amendment: Section 41, line 206, strike out the word '^thirty," and insert " ten." Lost. Mr. Russell, of Harris, oflered the following amendment : Section 41, line 195, strike out the words ''two-thirds," and insert the words " a majority ;" also strike out in lines 197 and 198 the words " two-thirds," and insert in lieu thereof " a majority." Sept 28, 1875.] CONSTITUTIONAL CONVENTION. 221 On motion of Mr. Henry, of Smith, the amendment was laid on the table by the following vote : Yeas — Arnim, Brown, Blake, Ballino^er, Blassingame, Barnett, Burleson, Briiee, Cliambers, Cook of Gonzales, Cooke of San Saba, Cardis, Douglass, Dillard, DeMorse, Darnell, Dunuam, Davis of Brazos, Erhard, Ford, Flournoy, Fleming, Ferris, Ger- man, Gaither, Graves, Holt, Henry of Smitli, llenrj of Lime- stone, Holmes, Haynes, Johnson of Franklin, Jolinson of Collin, King, Kilgore, Killough, Lacy, Lynch, McLean, Martin of N^a- varro, Morris, Mitchell, McKinney, McCormick,- Moore, Mur- phy, Norvell, Xunn, Nugent, Pauli, Reagan, Ramey, Rentfro, Robertson of Bell, Robeson of Fayette, Ross, Russell of Wood, Spikes, Scott, Sessions, Smith, Stockdale, Stayton, Sansom, Wade. Whitehead, Wright, Weaver, Wliitiield— 69. Nats — Abernathy, Abner, Brady, Cline, Cooley, Dohoney, Davis of Wharton, Lockett, Martin of Hunt, McCabe, Mills, Reynolds, Russell of Harrison, — 13. On motion of Mr. McCormick, a further consideration of the pending suljject was postponed until 9 o'clock to-morrow. Mr. Flournoy oftered the following amendment to the standing rules. Resolved^ That rule 38 be amended by striking out "three" and inserting " nine," in the first line of said rule ; and amend rule 39 bv substituting "nine " for " three," in the iirst line of said rule. Mr. Flournoy moved to suspend tlie rules in order to consider the amendments. Mr. Rentfro moved to adjourn till 9^ o'clock to-morrow morn- ing. Lost. Question un suspension uf the rules was put, and lost by the following vote : Yeas — Abernathy, Arnim, Brown, Blake, Ballinger, Blassin- game, Burleson, Chambers, Cook of Gonzales, Cooke of San Saba, Cardis, Douglass, Dillard, Darnell, Dunnam, Davis of Brazos, Erhard, Ford, Flournoy, Gaither, Graves, Holt, Henry of Smith, Henry of Limestone, Ilolmes, Kilgore, Killough, Lacy, Lynch, McLean, Martin of Navarro, Morris, McCormick, Mur- phy, Nunn, Nugent, Rusrell of Wood, Sessions, Smith, Stock- dale, Stayton, Wade, Whitehea|l, AVright, AVeaver, Whitfield. —46. Nays — Abner, Barnett, Brady, Bruce, Crawford, Cline, De- Morse, Dohoney, Davis of Wharton, Fleming, Ferris, German, Haynes, Johnson of Franklin, Johnson of Collin, King, Lockett, 222 JOURNAL OF THE {Sept 29, 1875. Martin of Hunt, McCabe, Mills, Mitchell, McKinney, Moore, Norvell, Pauli, Heagan, Ramey, Reynolds, Rentfro, Robertson of Bell, Robeson of Fayette, Ross, Rnssell of Harrison, Spikes, Scott, Sansom, West — 37. Mr. Whitfield moved to suspend the rule requiring two sessions per day, until Monday next. Carried. Mr. German moved to reconsider the vote refusing to adopt the additional section offered by Mr. DeMorse, to come in be- tween sections* 5 and 6, and to postpone the same for the present. Carried. Mr. Brady moved to reconsider the vote taken yesterday on section 9, abolishing the office of Lieutenant Governor, and to postpone its consideration for the present. Carried. On motion of Mr. Dillard, the Convention adjourned untill 9 o'clock A. M. to-morrow. TWENTY-FIRST DAY. Hall of Representatives, ) Austin, Texas, September 29, 1875. f Convention met pursuant to adjournment ; roll called; quorum present ; prayer by the Rev. Mr. Dodge, of Austin. Journal of yesterday were read and adopted. The Chair submitted the following communication : Austin, Texas, September 29, 1875. To the Constitutional Convention. I have the honor to report to the Convention, that, on the 27th day of September, 1875, the ordinance entitled, "An ordinance postponing the general election of Decend)er, A. D. 1875, and for other purposes," passed by the Convention on the 24th da}^ of September, A. D. 1875, was duly enrolled, signed by the Presi- dent of the Convention, countersigned by the Secretary, and deposited in tlie ofiice of the Secretary of State, and the Gov- ernor informed of the action had in relation to said ordinance. , E. B. Pickett, President of tlie Convention. Mr. Dohoney offered the following resolution : Whereas, The people of the frontier of Texas, for years past, have been, and now are, suffering from depredations committed I Sept. 29, 1875.] CONSTITUTIONAL CONVENTION. 223 bj lawless bands, oro;aiiized beyond the border to invade our territor}^ ; and, Whereas, These bands do invade Texas at its most exposed points, murder our citizens, carry their women and children into captivity, burn and pillage their homes, and steal and carry away their property ; and, Whereas, The United States forces, placed at the disposal of the general commanding the military district including our fron- tier, are wholly inadequate to the protection thereof, by reason of which the State of Texas, for years past, has been compelled, at great ex]>ense, to furnish troops for the protection of her own frontier; therefore, Be it resolvrd hy the Conatltulional Convention of the State of Texas^ That the President appoint a select committee of seven members of tliis body, with instructions to inquire into the ex- tent of the aforesaid depredations and the causes thereof; to correspond with the commander of the United States forces on said frontier and the citizens of the State who are exposed to the aforesaid dei)redations ; and to prepare and present to the Con- gress and people of the United States a memorial, setting forth the condition of said frontier, and urging prompt measures for its adequate protection. 2. Be it further resolved. That our senators and representa- tives in Congress be, and they are hereby requested to lay before the President of the United States and the Secretary of War the exposed condition of our frontier ; to secure, if possible, an adequate force for its protection, placed at the disposal of the commanding general ; to lay the whole matter of frontier pro- tection before Congress, and demand both adequate protection for the future, and reimljursement for all sums of money hereto- fore expended by the State for the protection of its own frontier. 3. That copies of this preamble and resolutions be furnished to our senators and re])resentatives in Congress, and also to Major General E. (). C. Ord, United States Army, commanding the military district embracing our frontier. Adopted. Mr. Mills offered the following resolution : Resolved^ That section — shall be a portion of tlie constitu- tion, and shall read as follows : " Section — . No greater rate of interest shall be allow^ed on other amounts and contracts, when no interest is specified, than eight per centum per annum; but twelve per centum shall be allowed by special contract on maturity, and no greater. And all contracts, notes, and bills of exchange, providing for no pay- 224 JOURNAL OF THE [Sept. 29, 1875. uient or higher rate of interest, shall be null and void, and the creditor contracting for a higher rate of interest than twelve per centum per annum, shall forfeit the whole debt. '' Nor shall any note, bill, or contract in which a greater rate of interest than twelve per centum, as provided for, either directly or indirectly, be collectable, in the hands of any persons what- soever. *'And it shall be a felony for any person to transfer any note, bill or other contract on which such usurious interest is charged, either directly or indirectly, and the Legislature shall pass all laws necessar}^ to enforce this provision." Referred to Committee on General Provisions. Mr. Brown offered the following resolution, to be referred to the Committee on Public Lands and Land Office. " Sec. — . The Legislature shall have power to reserve from sale, location or appropriation otherwise, except as herein pro- vided, townships or districts of the public domain, not to exceed thirty-six sections of six liundred and forty acres each in any one township or district, for the purpose of establishing thereon colo- nies of actual settlers. Such reservations, commencing in what is commonl}^ known as the Pan Handle of Texas, may be ex- tended westerly to the western limits of the State and south and southwesterly through the vacant and unappropriated public do- main of the State to the Rio Grande. But between such town- ships or districts there shall always be a space of at least twenty- live miles. Such townships or districts shall be designated, sur- veyed and marked in such manner as may be provided by law. " Sec. — . The Legislature shall have power to grant to each head of a family who may settle in any such township or district three hundred and twenty acres of land, on condition that he or she shall reside thereon for the period of three years, and to sin- gle men, on the same condition, one hundred and sixty acres of land. " Sec. — . The Legislature may exempt all settlers in such townships or districts, for a term of five years after their settle- ment, from the payment of all State taxes on property owned by them witliin such township or district. " Sec. — . The Legislature may enact special laws, providing in each such district, until the same may become part of an or- ganized county, for the election of a Justice of the Peace and a Constable, to be clothed witli such powers as may be prescribed by law." Referred as indicated. Mr. Brady offered the following resolution : Sept. 29, 1875.] CONSTITUTIONAL CONVENTION. 225 Resolved^ That the following be incorporated in the constitu- tion : ' " Sec. — . The Leo-islatnre shall pass laws providing for taking the census of the State in the year 1885, and every ten years thereafter." Referred to Committee on General Provisions. The Convention then proceeded to the consideration of unfin- ished business, viz : Article — , Legislative Department : Mr. Flournoy offered the following amendment to section 41 : Strike out in line 206 the words " and give notice thereof by public proclamation." Adopted. Mr. Sansom proposed to amend section 48 b}^ striking out line 216. Laid on the table. Mr. Henry, of Smith, proposed to amend section 48, line 240, by striking out " shall " and inserting "may." Adopted. Mr. Wright offered the following amendment : Amend section 48 by striking out line 248 and inserting " the support of the Blind Asylum, the Deaf and Dumb Asylum, and the Insane Asylum." Adopted. Mr. McCoriuick moved to reconsider the vote just taken. Mr. Wade offered the following amendment : In section 48, line 245, after the word "debt" insert "and for the payment of the present floating debt." Withdrawn. Mr. Davis, of Brazos, offered to amend, as follows : Amend section 48 by adding after the word "schools," in line 246, the following : "And colleges and universities under the control of the State." Lost. Mr. Ferris offered the following substitute for section 49 : " Sec. 49. The aggregate amount of debts hereafter contracted by the Legislature shall never exceed the sum of one hundred thousand dollars, except in case of war, to repel invasion, or suppress insurrection ; and in no case shall a debt be created, or bonds issued, except by a vote of two-thirds of both houses of the Legislature." Mr. Stockdale proposed to amend the amendment by adding : " Except in the renewal of existing bonds, when they can not be paid at nuiturity out of the sinking fund or other resources." 15 226 JOURNAL OF THE {Sept. 29, 1875. Accepted bj Mr. Ferris. The question being on the adoption of the amendment, the yeas and nays were called and the substitute adopted by the fol- lowing vote : Yeas — Allison, Abernath}", Abner, Brown, Blake, Ballinger, Blassingame, Burleson, Brad}^, Bruce, Crawford, Cook of Gon- zales, Cooke of San Saba, Cline, Cardis, Douglass, Dillard, Dohone}^, Davis of Brazos, Davis of Wharton, Erhard, Flournoy, Ferris, Gaither, Henry of Limestone, Holmes, Haynes, Johnson of Franklin, Johnson of Collin, King, Killough, Lockett, Lynch, Martin of T^avarro, Martin of Hunt, McCabe, Morris, Mills, Mitchell, McKinney, Moore, ISTunn, Pauli, Ilamey, Rey- nolds, Bentfro, Boss, Bussell of Harrison, Spikes, Scott, Sessions, Smith, Stockdale, Stayton, Weaver — 55. Nays — Arnim, Barnett, Chambers, Coolej^ DeMorse, Darnell, Dunnam, Fleming, German, Graves, Holt, Henry of Smith, Kilgore, Lacy, McLean, McCormick, Norvell, Nugent, Beagan, Robertson of Bell, Robeson of Fayette, Russell of W^ood, Wade, Whitehead, Wright, West— 26. Mr. Reagan offered the following substitute for section 49 : " Sec 49. No debt shall ])e created by or on behalf of the State except to suppl}^ casual deliciencies of revenue, repel inva- sions, suppress insurrection, defend the State in war or pay existing debt ; and the debt created to supply deficiencies in the revenue shall never exceed in the aggregate, at any one time, two hundred thousand dollars." Mr. Mills proposed to amend tlie substitute Ijy adding the words " and for school purposes." Mr. McCormick moved to lay the amendment to the su])stitute on the table. Carried by the tbllowino; vote : Yeas — Allison, Abernathy, Arnim, Brown, Blake, Blassin- game, Burleson, Bruce, Chambers, Cook of Gonzales, Cooke of San Saba, Cardis, Douglass, DeMorse, Darnell, Dunnam, Davis of Brazos, Flournoy, Fleming, Ferris, Gaither, Graves, Holt, Henry of Smitli, Henry of Limestone, Holmes, Johnson of Frank- lin, Johnson of Collin, King, Kilgore, Killough, Lac}^ Lynch, McLean, ]\[artin of Navarro, McKinney, McCormick, Norvell, Nuun, Nugent, Reagan, Ramey, Robertson of Bell, Robeson of Fayette, Ross, Russell of Wood, Spikes, Scott, Sessions, Smith, Stockdale, Stayton, Wade, Whitehead, Wright, Weaver — 56. Nays — Abner, Ballinger, Barnett, Brady, Crawford, Cline, Cooley, Dillard, Dohoney, Davis of Wharton, Erhard, Lockett, Sept. 30, 1875.] CONSTITUTIONAL CONVENTION. 227 Martin of Hunt, McCabe, Morris, Mills, Mitchell, Pauli, Eey- nolds, Rentfro, Russell of Harrison — 21. The question on the adoption of Mr. Ileao;an's substitute was then put and substitute adopted by the following vote: Yeas — Allison, Arnini, Abner, Brown, Blake, Ballinger, Barnett, Burleson, Crawford, Cook of Gonzales, Cooke of San Saba, Coolej, Cardis, Darnell, Davis of Brazos, Davis of Whar- ton, Erhard, Ford, Ferris, Graves, Holt, Henry of Limestone, Haynes, Johnson of Collin, King, Kilgore, Killough, Lacy, Lynch, Martin of Navarro, Mills, McKinnej, McCormick, Moore, Murphy, Norvell, Nunn, Reagan, Ramey, Robertson of Bell, Russell of Harrison, Spikes, Scott, Sessions, Smith, Stock- dale, Whitehead, West— 48. Nays — Abernathy, Blassingaine, Brady, Bruce, Chambers, Cline, Douglass, Dillard, DeMorse, Dohoney, Dunnam, Flour- noy, Fleming, German, Gaither, Henry of Smith, Holmes, John- son of Franklin, Lockett, McLean, Martin of Hunt, McCabe, Morris, Mitchell, Nugent, Pauli, Reynolds, Rentfro, Robeson of Fayette, Ross, Russell of Wood, Wade, Wright, Weaver — 34. Mr. Arnini offered the following amendment : Section 51, line 2G4, after the word "money " insert " public land, or anything of value.'' Mr. Arnim withdrew his amendment. On motion of Mr. Russell, of Wood, Mr. Ramey was added to Committee on Crimes and Punishments. Mr. German offered the following amendment : Section 51, line 264, after the word " money" insert " public lands, or other thing of value." On motion of Mr. Ross, the Convention adjourned until 9 o'clock to-morrow morning, pending Mr. German's amendment. TWENTY-SECOND DAY. Hall of Representatives, ) AtrsTiN, Texas, September 30, 1875. f Convention met pm-suant to adjournment ; roll called; quorum present. Prayer by Rev. Dr. Talliafero, of Austin. Journals of yesterday read and adopted. On motion of Mr. Flournoy the select committee authorized by Mr. Dohoney's resolution on affairs on our frontier, w^as in- creased from seven to eleven. 228 JOURNAL OF THE {Sept. 30, 1875. Mr. Wright asked and obtained leave of absence for a few days from attendance on the Convention. Mr. Mills was also excused for a few days. Mr. Kilgore presented the memorial of the bar of Longview on the subject of Judicial Districts. Referred to Committee on Judicial Districts. The chair announced the following Select Committee on Frontier Affairs: Messrs. Flournoy, Dohoney, Ford, Fleming, King, West, Barnett, Weaver, Ross, Cardis and Mills. Mr. Robertson, of Bell, submitted a communication from L. K. Tarver and others, of Belton, on the subject of Judicial Dis- tricts. Referred to the Committee on Judicial Districts. Mr. Erhard presented the petition of sundry citizens of Bastrop county on the subject of payment of certain claims for ranging service before the war. Referred to the Committee on Revenue and Taxation. Mr. Ballinger, chairman of the standing Committee on Exe- cutive Department, submitted the following report and article, ''Executive Department." To the Hon. E. B. Pickett^ President of the Convention : The committee, to which was referred the preparation of an article on the Executive Department in a new constitution for the State, too-ether with various resolutions relatino- thereto, hav- ing had the same under consideration, instruct me to report the accompanying article, styled the " Executive Department," and the committee recommend its adoption by the Convention. W. P. Ballingek, Chairman. " Article — . '' executive department. " Sec^tion 1. The Executive Department of the State shall consist of a Governor, wiio shall be the chief executive officer of the State, a Lieutenant Governor, Secretary of State, Comp- troller of Public Accounts, Ti-easurer, Commissioner of the Gen- eral Land Office, Attorney General, and Superintendent of Public Instruction. " Sec. 2. All the above officers of the Executive Department (except Secretary of State,) shall be elected by the qualified elec- tors ot the State, at tlie time and places of election for members of the Legislature. " Sec. 3. The returns of every election for said executive officers, until otherwise provided by law, shall be made out, sealed up, and transmitted by the returning officers prescribed Sept. iQ, 1875.J CONSTITUTIONAL CONVENTION. 229 by law, to the seat of government, directed to the Secretary of State, who shall deliver the same to the Speaker of the House of Representatives, as soon as the Speaker shall be chosen, and the said Speaker shall, during the first week of the session of the Legislature, open and publish them in the presence of both houses of the Legislature ; the person having the highest number of votes for said officers respectively voted for at said election, and being constitu- tionally eligible, shall be declared by the Speaker, under the Legislature, to be elected to said office ; but if two or more per- sons shall have the highest and equal number of votes for any of said officers, one of them shall be immediately chosen to such office by joint vote of both houses of the Legislature. Contested elections for any of said offices shall be determined by both houses of the Legislature. " Sec. 4. The Governor shall be installed on the first Thurs- day after the organization of the Legislature, or as soon thereaf- ter as practicable, and shall hold his office for the term of two years, or until his successor shall be duly installed. He shall not be eligible to election more than four years out of six successive years. He shall be at least thirty years of age, a citizen of the United States, and have resided in this State at least five years immediately preceding his election, '' Sec. 5. He shall, at stated times, receive as compensation for his services, an annual salary of five thousand dollars, and no more, and shall also have the use and occupation of the Gover- nor's mansion, fixtures and furniture. " Sec. 6. During the time he holds the office of Governor he shall not hold any other office, civil, military or corporate; nor shall he practice any profession and receive compensation, re- ward, fee, or the promise thereof for the same ; nor receive any salary, reward or compensation, or the promise thereof, from any person or corporation for any service rendered or act performed during the time he is Governor, or to be thereafter rendered or performed. " Sec. 7. He shall be commander-in-chief of the military forces of the State, except when they are called into the actual service of the United States. He shall have power to call for the mili- tia to execute the laws of the State, to suppress insurrections and repel invasions. " Sec. 8. The Governor may, on extraordinary occasions, convene the Legislature at the seat of government, or at a differ- ent place in case that should be in possession of the public enemy, or of the prevalence of disease thereat. His proclama- 230 JOURNAL OF THE [Sept. 30, 1875. tion therefor shall state specifically the purpose for which they are convened, and the Legislature shall enter upon no business except that for which they were convened, or which may be pre- sented to them by the Governor. '* Sec. 9. The Governor shall, at the commencement of each session of the Legislature, and at the close of his term of office, give to the Legislature information by message of the condition of the State ; and he shall recommend to the Legislature such measures as he may deem expedient. He shall account to the Legislature, and accompany his message with a statement of all public moneys received and paid out by him from any funds sub- ject to his order, with vouchers ; and at the commencement of each regular session he shall present estimates of the amount of money required to be raised by taxation for all purposes. " Sec. 10. lie shall cause the laws to be faithfully executed ; and shall conduct in person, or in such manner as shall be pre- scribed by law, all intercourse and business of the State with other States and with the United States. " Sec. 11. In all criminal cases, except treason and impeach- ment, he shall have power, after conviction, to grant reprieves, commutations and pardons, and under such rules as the Legisla- ture may prescribe, he shall have powder to remit fines and for- feitures. With the advice and consent of the Senate, he may grant pardons in cases of treason ; and to this end he may respite a sentence therefor until the close of the succeeding session of the Legislature ; prmnded^ that in all cases of remissions of fines or forfeitures, or grants of reprieve, commutation or pardon, he shall file in the office of the Secretary of State his reasons there- for. '' Sec. 12. All vacancies in State or district offices, except members of the Legislature, shall be filled, unless otherwise pro- vided by law, by appointment of the Governor, which appoint- ment, if made during its session, shall be witli the advice and consent of two-thirds of the Senate present. If made during the recess of the Senate, the said appointee, or some other person to fill said vacancy, shall be nominated to the Senate during the first ten days of its session ; if rejected, said office shall imme- diately Ix'come vacant; and the Governor shall, without delay, make further nominations, until a confirmation take place; but should there be no confirmation during the session of the Senate, the Governor shall not thereafter ap])oint any person to fill such vacancy who has been rejected by the Senate, but may appoint some other person to fill the vacancy until the next session of the Senate, or until the regular election to said office, should it Sept. 30, 1875.] CONSTITUTIONAL CONVENTION. 231 sooner occur. Appointments to vacancies in offices elective by tlie people shall only continue until the first general election thereafter. " Sec. 13. During the sessions of the Legislature the Governor shall reside where its sessions are held, and at all other times at the seat of government; except when by act of the Legislature he may be required or authorized to reside elsewhere. '' Sec. 14. Every bill which shall have passed both houses of the Legislature shall be presented to the Governor for his ap- proval. If he approve he shall sigu it, bat if he disapprove it he shall return it with its objections to the house in which it origi- nated, which house shall enter the objections at large upon their journal and proceed to reconsider it. If, after such reconsidera- tion, two-thirds of the meuibers present agree to pass the bill, it shall be sent with the objections to the other house, by which likewise it shall be reconsidered, and if approved by two-thirds of the members present of that house, it shall become a law ; but in such cases the votes of both houses shall be determined by yeas and nays, and the names of the members voting for and against the bill shall be entered on the journal of each house respectively. If any bill shall not be returned by the Governor with his objections within ten days (Sundays excepted) after it shall have been presented to him, the same shall be a law in like manner as if he had signed it, unless the Legislature by their ad- journment prevent its return, in which case it shall be a law, unless he shall file the same with his objections in the office of the Secretary of State and give notice tliereof by public procla- mation within twenty days after such adjournment. If any bill presented to the Governor contains several items of appropriation, he may object to one or more of such items while approving the other portion of the bill. In such case he shall append to the bill at the time of signing it a statement of the items to which he objects, and no item so objected to shall take effect. If the Legislature be in session, he shall transmit to the house in which the bill originated a copy of such statement, and the items ob- jected to shall be separately considered. If, on reconsideration, one or more of such items be approved by two thirds of the mem- bers present of each house, the same shall be part of the law not- withstanding the objections of the Governor. If any such bill, containing several items of appropriation, not having been pre- sented to the Governor ten days (Sundays excepted) prior to ad- journment, be in the hands of the Governor at the time of adjourn- ment, he shall have twenty days from such adjournment within which to file objection to any item or items thereof and make 2S2 JOURNAL OF THE {Sept. 3o, 1875. proclamation of the same, and sucli item or items shall not take effect. " Sec. 15. Every order, resolntion or vote to which the con- currence of both houses of the Legislature may be necessary, except on questions of adjournment, shall be presented to the Governor, and before it shall take effect shall be approved by him, or, being disapproved, shall be repassed by both houses, and all the rules, provisions and limitations shall apply thereto pre- scribed in the last preceding section in the case of a bill. " Sec. 16. There shall also be a Lieutenant Governor, who shall be chosen at every election for Governor by the same elec- tors, and in the same manner, continue in office for the same time, and possess the same qualilications. The electors shall distinguish for whom they vote as Governor and for whom as Lieutenant Governor. The Lieutenant Governor shall, by virtue of his office, be President of the Senate, and have, when in com- mittee of the whole, a right to debate and vote on all questions, and when the Senate is equally divided to give the casting vote. In case of the death, resignation, removal from office, inability or refusal of the Governor to serve, or his impeachment, or ab- sence from the State, the Lieutenant Governor shall exercise the powers and authority appertaining to the office of Governor until another ])e chosen at the periodical election, and be duly qualified, or until the Governor impeached, absent or disabled, shall be acquitted, return, or his disability be removed. " Sec. 17. Whenever the government shall be administered by the Lieutenant Governor, or he shall be unable to attend as President of the Senate, the Senate shall elect one of their own members as President for the time being ; and if, during the vacancy of the office of Governor the Lieutenant Governor should die, resign, refuse to serve, or be removed from office, or be unable to serve, or if he shall be impeached, or absent from the State, the President of the Senate for the time being shall in like manner administer the government until he shall be superseded by a Governor or Lieutenant Governor. The Lieu- tenant Governor shall, whilst he acts as President of the Senate, receive for his services the same compensation which shall be allowed the Speaker of the House of Representatives, and no more; and during the time he administers the government as Governor shall receive the same compensation which the Gover- nor would have received had he been employed in the duties of his office, and no more. The President, for the time being, of the Senate, shall, during the time he administers the govern- ment, receive in like manner the same compensation which the Sept. 30, 1875.J CONSTITUTIONAL CONVENTION. 233 Governor would have received bad he been employed in the duties of his office. If the Lieutenant Governor shall be re- quired to administer the government, and shall, whilst in such administration, die, resign, or be absent from the State during the recess of the Legislature, it shall be the duty of the Secre- tary of State to convene the Senate for the purpose of choosing a President for the time being. " Sec. 18. The Lieutenant Governor and President of the Senate, succeeding to the office of Governor, shall, during the entire term to which they succeed, be under all the restrictions and inhibitions imposed in this constitution on the Governor. " Sec. 19. There shall be a seal of the State, which shall be kept by the Secretary of State, and used by him officially, under the direction of the Governor. The seal of the State shall be a star of five points, encircled by olive and live-oak branches, and the words ' The State of Texas.' '' Sec. 20. All commissions shall be in the name and by the authority of the State of Texas, be sealed with the State seal, signed by the Governor, and attested by the Secretary of State. " Sec. 21. There shall be a Secretary of State, who shall be appointed by the Governor, by and with the advice and consent of the Senate, and shall continue in office during the term of service of the Governor elect. He shall authenticate the publi- cation of the laws, and keep a fair register of all official acts and proceedings of the Governor, and shall, when required, lay the same, and all papers, minutes, and vouchers relative thereto, be- fore the Legislature, or either liouse thereof, and shall perform such other duties as may be required of him by law. He shall receive for his services an annual salary of two thousand dollars, and no more. " Sec. 22. The Attorney General shall liold his office for two years, and until his successor is duly (pialified. He shall repre- sent the State in all suits and pleas in the Supreme Court of the State in which the State may be a party, and give legal advice, in writing, to the Governor and other executive officers when re- quested by them, and perform sucli other duties as may be required by law. He shall reside at the seat of government during his continuance in office. He shall receive for his ser- vices an annual salary of two thousand dollars, and no more, besides such fees as may be prescribed by law. " Sec. 23. The Comptroller of Public Accounts, the Treasurer, and the Commissioner of the General Land Office, shall each hold office for the term of four years, and until his successor is qualified; receive an annual salary of two thousand ^^^o. hundred 234 JOURNAL OF THE {Sept 30, 1875. dollars, and no more ; reside at the capital of the State during his continuance in office, and perform such duties as are, or may be, required of him by law. They, and the Secretary of State, shall not receive to their own use any fees, costs, or perquisites of office, or other compensation. All fees that may be payable by law for any service performed by an}^ officer specified in this article, or in his office, shall be paid, wlien received, into the State treasury. " Sec. 24. An account shall be kept by the officers of the Executive Department, and by all officers and managers of State institutions, of all moneys and choses in action received and dis- bursed or otherwise disposed of by them severally, from all sources, and for every service performed ; and a semi-annual report thereof shall be made to the Governor under oath. The Governor may at any time require information in writing from any and all of said officers or managers upon any subject relating to the duties, condition, management and expenses of their respective offices and institutions, which information may be required by the Governor under oath, and the Governor may also inspect their books, accounts, vouchers and public funds, and any officer or manager who at any time shall make a false report or give false information, shall be guilty of perjury, and punished accordingly. " Sec. 25. The Legislature shall pass efficient laws facilitating the investigation of breaches of trust and duty by all custodians of public funds, and providing for their suspension from office on reasonable cause shown, and for the appointment of temporary incumbents of their offices during such suspension. " Sec. 26. The Governor, by and with the advice and consent of two-thirds of the Senate, shall appoint a convenient number of Notaries Public for each county, who shall perform such duties as now are or may be prescribed by law." Ite[)ort received, to come up in its order. Mr. Fleming moved to have two hundred copies of the report and article [)rinted. Mr. Ilaynes moved to amend by inserting "ninety copies." Mr. Stay ton moved to amend by inserting " four hundred copies." Mr. Fleming's motion carried, and two hundred copies ordered printed. The following commutiication from the Commissioner of the General Land Office was taken from the President's desk, read and referred to the Committee on Public Lands and Land Office. Sept 30, 1875.J CONSTITUTIONAL CONVENTION. 235 General Land Office, | Austin, September 29, 1875. j To the Hon. E. B. Pickett., President of the Convention : Sir — I have the honor to acknowledoje the receipt of a copy of a resolution, adopted by the Convention on the 28th inst., re- questing statement showing the annual expenditure necessary to carry on the business of the General Land Office, the amount of fees collected by said office and paid into the State treasury, the number of employes and the salaries paid them. In compliance with said request I hand you the following state- ments : Exhibit " A " shows the amount of office and patent fees re ceived by the office during each of the past four liscal years, beginning August 31st, 1871, and ending September 1st, 1875. The term '' office fees" embraces all sums received for exami nations, statements, copies and certificates to railroad and other companies for internal inq^rovements. Exhibit " B " shows the appropriations made by the Legisla- ture for the support of the Land Office for each of six fiscal years, beginning September 1st, 1870, and ending August 31st, 1876. None of these appropriations include the amount paid annually for printing the blanks required by the office. The orders for the necessary blanks are sent to the " Printing Board '' and paid for out of the appropriation for public printing. A comparison of the appropriation for the year ending August 31st, 1875, with the amount of fees received by the office during the same period, shows the recei])ts to have exceeded the appro- priation by eight thousand three hundred and forty dollars ($8340). But this instance can not be taken as a criterion ; the large excess of office fees received during the year just closed over any preceding year is attributable to the large numl)er of cer- tificates issued to railroad conqjanies and companies for inqirov- ing the navigation of the rivers of this State. It is not likely the revenue of the office from the same source will ever be as large. As it is impossible to say in advance what will be the re- ceipts of the office for the next year, I can not state (to use the language of the resolution) what " the cost of carrying on the said Land Office, over and above the amounts received as fees," will be. The revenue of the office could be very materially increased by charging a fee of 25c. upon each certificate, transfer, field note, or other document required by law, or permitted to be filed. If the present fee, $4, charged for certificates, authorizing the location of land issued by this office w^as increased, the amount 236 JOURNAL OF THE [Sept. 7,0, 1875. received by reason of sueli increase would add largely to the revenue of the office. Exhibit "C" shows the number of employes in said office, and the amount paid them per month. The annual appropriation necessary for wood, stationery and postage, is $3000. I am, very respectfully. Your obedient servant, J. J. Groos, Commissioner. ExHiBrr "A.^' Showing amount of office and patent fees paid into the Gene- ral Land Office for the fiscal years 1871, 1872, 1873 and 1874, the fiscal year beginning September 1, and ending August 31. September 1, 1871, to August 31, 1872 : Office Fees $12,779 00 Patent Fees 4,734 00 Total $17,513 00 September 1, 1872, to August 31, 1873 : Office Fees $20,242 00 Patent Fees 9,457 00 Total $29,699 00 September 1, 1873, to August 31, 1874: Office Fees ": $20,620 00 Patent Fees 17,425 00 Total .$38,045 00 September 1, 1874, to August 31, 1875 : Office Fees $27,854 00 Patent Fees 24,886 00 Total $52,740 00 Exhibit " B." Showing appropriations made for the General Land Office for the fiscal years 1871, 1872, 1873, 1874, 1875 and 1876, be- ginning on September 1, and ending August 31 : September 1, 1870, to August 31, 1871. . .^ $42,700 00 September 1, 1871, to August 31, 1872 42,900 00 September 1, 1872, to August 31, 1873 62,683 00 September 1, 1873, to August 31, 1874 76,100 00 Sept. 30, 1875.J CONSTITUTIONAL CONVENTION. 237 September 1, 1874, to August 31, 1875 44,400 00 September 1, 1875, to August 31, 1876 46,550 00 Exhibit " C." Statement showing the number of emph)yes of the General Land Office, and their salaries, for the month of September, 1875 : Commissioner , Chief Clerk Chief Draftsman Spanish] Translator Receiving Clerk Six Clerks, at $116 66 Two Clerks, at $108 33 Fourteen Clerks, at $13,000 per annum Four Draftsmen, at $125 per month Ten Draftsmen, at $100 per month One Niffht Watchman One Porter $250 00 166 m 166 m 166 66 150 00 699 96 216 66 1,083 33 500 00 1,000 00 41 66 33 33 Total number, exclusive ) of Commissioner . . 42 i Total $4,474 92 Mr. Dohoney submitted the following report : Committee Room, I Austin, September 30, 1875. ) To trie Hon. E. B. Pichdt^ President of tfte Convention : The Committee on Sutirage, to whom was referred various memorials and resolutions in reference to the right of suffrage, and proposed extensions thereof, as well as limitations thereon, have had the same under careful consideration, and the majority of said committee instruct me to report the accompanying arti- cle on suffrage as a substitute ft)r the whole, and respecttully recommend its adoption by tlie Convention, as a part of the con- stitution. E. L. Dohoney, Chairman. "Article — . " suffrage. "Section 1. The following classes of persons shall not be allowed to vote in this State, to-wit: First, persons under twent3^-one years of age ; second, idiots and lunatics ; third, all inmates of State asylums, and all paupers supported by any county ; fourth, all persons convicted of bribery in receiving 238 JOURNAL OF THE \Sept 30, 1875. money, intoxicating drinks, or other thing of value, for their votes, also all persons convicted of any felony ; fifth, all soldiers and marines employed in the service of the army or navy of the United States. " Sec. 2. The following classes of persons shall be entitled to vote at all elections of the people held in this State : First, every male person over twenty-one years of age, and subject to none of tlie foregoing disqualihcations, who, being a citizen of the United States, sliall have resided for twelve months in this State, and for six months in the county, next preceding any elec- tion at which he may olfer to vote, and who, in addition thereto, shall have paid all poll taxes due by him to the State and county before said election ; second, every male person of foreign birth subject to none of the foregoing disqualifications, who, six months before any such election shall have declared his intention to become a citizen of the United States, in accordance with the Federal naturalization laws ; who shall have resided in this State twelve months, and in the county in which he offers to vote six months, next preceding any election ; and who, in addition thereto, shall have paid all poll taxes due l>y him to the State and county before said election. " Sec. 3. Every qualified elector in this State who sliall have resided for six months next preceding any election at which he may offer to vote, in any incorporated town or cit}^, and who, in addition thereto, shall has^e paid all taxes due said town or city that have accrued against him since the adoption of this consti- tution, shall be entitled to vote at elections held in such incor- porated town or qa\j^ \ jjTomded^ that in elections for the creation of debt for the improvement of such town or city, or for other purpose, freeholders only shall vote. " Sec. 4. All elections of the people in this State shall be by ballot, and under such regulations as the Legislature may pre- scribe. " Sec. 5. Voters shall in all cases, except treason, felony or breach of the peace, be privileged from arrest during their attendance at elections, and in going to and returning there- from. Mr. Rentfro, from the same committee, made the following minority repc^rt : OoMMiiTEE Room, \ Austin, September 29, 1875. \ To the lion. li\ B. Viclatt^ President of the Conventio7i : The undersigned, a member of the Connnittee on Suffrage, to which committee were referred certain resolutions, etc., re- I Sept. 30, 1875.] CONSTITUTIONAL CONVENTION. 239 lating to the qualification of electors, would respectfully submit that he can not entirely concur in the majority report and attached sections. In the main he most heartily indorses the sec- tions so submitted by the majority of said committee, and con- curs in the qualifications therein stated, yet he feels it to be his duty, as a representative in part of the people of this State, most earnestly to ])rotest against the requirements as set forth in the latter portions of 1st and 2d clauses of section 2 of said majority report. Said clause, after stating certain qualifications as to sex, age, etc., reads as follows : *^ And who, in addition thereto, shall have paid all State and county poll taxes fur at least .... days before said election.'- In part second of said article 2d the same language occurs with reference to naturalized citizens. The undersigned would submit, that ^dtllough it is a principle of a republican form of government that taxation and representation should go hand in hand, yet he feels that a requirement of the payment by the electors of this State of poll taxes, as a prerequisite to the exer- cise on tlieir part of the " elective franchise,'' would be a perver- sion of that principle ; that said provision, if incorporated in the State constitution, would, although presumably general in its operation, militate most severely against the interests of the work- ing classes of the State. He submits, that if the doctrine that an elector should exhibit his tax receipt before being allowed a voice in the selection of his rulers obtains in any degree, that payment of all taxes of every character whatsoever should be re- quired as a prerequisite to the right of voting from any and all persons. He insists that if said provision is asked to be incor- porated in the State constitution for the }>urpose of raising reve- nue, that the amounts derived therefrom will be wholly insufti- cient to carry out the end desired. On the other hand, if said provision has for its object a ])artial restriction of the right of sutirage, he believes the sentiment of the people of the State to be unqualifiedly opposed to any provision having for its object the attainment of such an end. He maintains that said provis- ion would practically deprive of the right of voting many good citizens of this State, and believing, as he does, that the exercise of the "elective franchise" in a republican government is a riijlit and not, as it has erroneously been termed, a privilege^ he feels that he would be false to the duty which, as a delegate, he owes to the working classes of this State, if he did not most earn- estly protest against an incorporation in the organic law of any provision tending to hinder the electors in the free exercise of that right. Maintaining that the right of voting should be free; 240 JOURNAL OF THE {Sept. 30, 1875. that no provision slionld be placed in the organic law, which wliile it can not alfect tlie rights of those whom fortune has blessed with an abundance, yet may operate most disastrously against the rights of the poor ; and believing that the portion of said section as above will so do, tlie undersigned, with all respect to the majority of said committee, must ask leave to diifer with said majority, and assigning the above as some few of his objec- tions to tlie said sections, while concurring in the remainder, respectfully submits the above as his protest and report in the premises. R. B. Rentfro. Mr. Cook, of Gonzales, moved to have 100 copies of reports and article printed. Mr. Dohoney moved to have 100 copies of the reports and 200 copies of the article printed. On motion of Mr. Chambers the cpiestion was divided and 100 copies of the reports and 200 copies of the article ordered printed. Mr. Russell, of Harrison, submitted the following ordinance and resolution : OKDINANCE. Whereas, The late disastrous storm on the coast of the State of Texas ruined and placed in a condition of want and distress the ]>eople residing in the counties hereinafter named ; and Whereas, In their said condition they are totally unable at present to pay the State taxes due by them for the year 1875 ; and to exact of them said tax would be to further embarrass and distress them and impose upon them additional ills and burdens; therefore Be it ordained hy the people of Texas in Gonventimi asseiahled.^ That the collection of the State tax levied for the year 1875 upon the pro})erty of the people residing in the counties of Chambers, Brazoria, Matagorda and Calhoun, be and the same is hereby restrained and enjoined ; and that the sheriffs and tax collectors of said counties are hereby forbidden and enjoined from the col- lection of said tax; and that the tax-payers in said counties are hereby relieved and exempted from the payment of said tax due for the year 1875. I^esoh)ed^ further^ That a committee of seven be appointed by the President to inquire into and report upon the ordinance, and that they be authorized to report for the relief of any other counties on said coast not named in this ordinance. (Jn motion of Mr. Russell, of Wood, the ordinance was referred to the Committee on Revenue and Taxation, Mr. Erhard offered the following resolution : Sept. 30, 1875.J CONSTITUTIONAL CONVENTION. 241 JResolved., That the State of Texas sustain and uphold a Bureau of Immigration ; that we may find a market for our school lands, and obtain labor, also to encourage trade and commerce and to develope our State generally. Immigrants, particularly those who do not understand the English language, need good and disinterested advice, the neces- sity of which all those will appreciate who ever were in any foreign . country. In the preamble of the Declaration of Independence, the fathers of the Republic of the United States stated as one of their grievances that the British King had refused to pass laws to incourage immigration hither. The grandeur of wealth of the United States is due to immigration. The imparalelled suc- cess of the great West and California is due to a well regulated immigration bureau. The Republic of Texas induced immigration by giving heads of families, and even young men of seventeen years of age, liberal land grants, being well aware their newly-acquired Re- public would be valueless without immigration. Referred to Immigration Committee. Mr. Ivilgore offered the following resolution : Whereas, There are now but two pages for the Convention to perform the duties heretofore performed by four ; and Whereas, The labor of tvv'o pages are very burdensome and require their constant attention ; therefore Be it remlved. That the per diem of said pages, from and after the passage of this resolution, shall be three dollars ($3) per day. Laid over under the rules. Mr. Erhard offered the following : Every married woman shall have her title to property received at marriage or iidierited hereafter recorded, and she shall have sole control over it; she may exchange, buy or sell in her own right, but her property shall be liable for all contracts she makes. No proi)erty to be sold under forced sale unless it bring two- thirds of its value ; but it shall be offered for sale each continuous six months till it bring said value. Proper notices being posted each time as in first instance. Referred to Committee on General Provisions. Mr. Stockdale submitted the following report : To the Hon . E. B. Pidkstt^ President of tlie Cmiventimi : The Committee on Rules, to which was referred resolutions making additional rules for the government of the Convention, 16 242 JOURNAL OF THE {Sept. 30, 1875. beg leave to report' that they have duly considered the same, and now return them and recomnaend tliat they be adopted. The committee also present, in addition to the rules referred to them, the accompanying rule, and recommend that it be also adopted. All of which is respectfully submitted. F. S. Stockdale, Chairman. Rule 1. Every resolution or ordinance, before it becomes a part of the constitution, shall l)e read on three several days. The first reading shall ]>e for information, and upon being read a first time, if nut reported by a committee, it shall be re- ferred to the appropriate committee, without debate. Upon a second reading of a resolution or ordinance, it shall be subject to commitment or amendment. The final question upon the second reading shall be" Whether it shall be engrossed and read a third time." Rule 2. No amendment shall be received at the third reading of a resolution or ordinance without the consent of two-thirds of the members present. It shall be in order, at the third reading of a resolution or ordinance, to move its commitment ; and should such commit- ment take place, and any amendment be reported by the com- mittee, the said resolution or ordinance shall be considered as on its secoH-d reading. Rule 3. Business on tlie table shall be taken up in the fol- lowino- order : First — Single resolutions. Second — Resolutions and ordinances on the sec(md reading. Third — Resolutions and ordinances on the third reading. Rule 4. Whenever any article of the constitution shall be passed, upon its third reading, under the foregoing rules, it shall be, as of course, referred to the Committee on Style and Arrangement. When the whole constitution is reported back to the Convention l)y said committee, it shall then be considered by the Convention as on its second reading, and acted upon accord- ing to the same rules and order as provided for resolutions and ordinances in the foregoing rules. Adopted. Mr. Nunn UKjved to reconsider the vote refusing to adopt the amendment of Mr. Davis, of Brazos, to section 48, article — , Legislative Department, viz.: by adding after the word " schools " in line 246 the words " and colleges and universities under the control of the State." Motion passed over for the present. Sept. 30, 1875.J CONSTITUTIONAL CONVENTION. 243 Mr. Whitfield, cliairman of tke Committee on Education, made the following report : Co?vi]\nTTEE Room, ) Austin, September 30, 1875. f To the Hon. E. B. Pickett., President of the Contention: Tonr Committee on Education, to whom was referred various resolutions, have carefully considered the same, and a majority of the committee instruct me to report the following and recom- mend its passage. J. W. Whitfield, Chairman. L. W. Moore, Wm. Neal Ramey, W. B. Wright, A. C. Graves, Fran's J. Lynch, B. Abernathy, George Flournoy, Edavard Chambers. '' Article — . " education. " Section 1. A <>eneral diffusion of kuowledic^ beino- essential to the preservation of liberties of the people, it shall be the duty of the Legislature of this State to make suitable provisions Ipr the sup})ort and maintenance of public schools. " Sec. 2. All funds, lands and other property heretofore set apart and appropriated, or that may hereafter be set apart and appropriated for the support of public schools, all the alternate sections of land reserved by the State out of grants heretofore made or that may hereafter be made to railroads or other corpo- rations of any nature whatever, one-lialf of the public domain of the State, and all sums of money that may come to the State from the sale of any portion of the same, shall constitute a per- petual public school fund. "Sec. 3. And there shall be set apart annually not more than one-tenth of the annual revenue derivable from taxation for gen- eral purposes, and such poll tax as may by law be levied under the provisions of this constitution, which shall also constitute a part of the public school fund. " Sec. 4 The lands herein set apart to the perpetual school fund shall be sold under such regulations, at such time, and upon such terms as may be prescribed by law, and the Legislature shall not have power to grant any relief to the purchasers thereof. The Comptroller shall invest the proceeds of such sale, and of 244 JOURNAL OF THE {Sept. 30, 1875. those heretofore made, in the honds of this State, if the same can be obtained, otherwise in United States bonds, and the United States bonds now belonging to said fund shall likewise be invested in State bonds, if the same can be ol)tained. " Sec. 5. The principal of all bonds, or other funds, and the princi])al arising from the sales of lands herein before set apart to said school fund, shall be the permanent school fnnd, and all the interest derivable therefrom, and the taxes herein provided, shall be the available school fnnd, which shall be applied annu- ally to the support of public schools, and no law shall ever be made appropriating any part of the permanent or available school fund to any other purp >se whatever, except as hereinafter provided. " See. 6. All public lands which have been heretofore, or may be hereafter, granted to the various counties of this State for public schools, are of right the property of said counties respec- tively, to which they are granted, and entitled thereto, and is herel3y vested in said counties, subject to the trust created in the grant. '^ Sec. 7. So soon as the availa1)le school fnnd may be suffi- cient, the Legislature shall establish and maintain free public schools throughout the State for a period of not less than four months in eacli year, and may authorize any county to establish iniLlic schools in such county whenever the available fund appor- tioned to such county as herein provided, together with the fund realized from the sale of tlie lands of tlie county, shall be sufficient to maintain public schools in such count}^ for not less than four months in each year. But until such time the availa- ble school fund hereinbefore provided shall be distributed to the several counties of the State according to the scholastic popula- tion. Tlie distribution to l)e made by the Governor, the Comp troller and the Treasurer, who for this duty shall constitute a school board. The fund shall be distributed to the counties and applied in aid of private schools in such mode as the Legislature ma}^ provide. " Sec. 8. All lands heretofore granted for the benetit of the Lunatic Asylum, the Blind Asylum, the Deaf and Dumb Asy- lum and the ()r[)han Asylum, together with sucli donations as may have been or may hereafter be made to either of them, are hereby set a])art to pi'ovide a permanent school fund for the sup- port and maintenance and improvement of said asylums ; but the Legislature sliall have tlie power, whenever deemed advisa- ble, to provide for the sale in part or in whole of said lands. The proceeds of said lands when realized, together with all Sept. 30, 1875.1 CONSTITUTIONAL CONVENTION. 245 moneys severally donated to such asylums or either of them, shall be invested in bonds of the State of Texas, if obtainable; if not, in bonds of the United States, in such manner as the Legislature shall provide. And the proceeds of the interest thereon shall be a several available fund for each of said asylums, and for no other purpose. '^ Sec. 9. Separate schools shall be provided for the white and colored children, and impartial provision shall be made for both." Mr. Sanson! , from tlie same committee, submitted the follow- ing minority report: CoMMriTEE Room, ) Austin, September 30, 1875. f To the Hon. E. B. Plclett, Presidtnt of the Convention: The undersigned, members of your Committee on Public Edu- cation, beg leave to state that they are unable to concur in the report submitted by the majority of said committee, for the fol- lowing reasons, viz : They believe the education of children to be a private duty — devolved upon the parent by God, as is manifest both from the laws of nature and revelation — and to the end that the parent may be emibled to discharge this great duty, the same laws con- fer on him the right to control his children ; and they do not be- lieve that a deniocratic government can, without violating the great principles of personal freedom and individual right upon which it is founded, either relieve the parent of this duty by lay- ing it upon the shoulders of another, or deprive him of this right by assuming it. They are unable to see how a government established for the protection of private property can, without subverting the pur- poses of its creation, take by taxation the private property of a portion of its citizens and apply it to the use of another portion of its citizens, unless it be given in compensation for services ren- dered the State or for the preservation of life. They are satisfied that no system of public free schools, which does not enforce the regular attendance at the schools of all the children within the scholastic age, will or can secure the object sought to be attained. And they find it very clitficult to discover the right of a free government to unpoiiG jvMio duties upon those of its citizens who have not attained their majority which it does not even claim the right to impose on older citizens. They believe that a system of public education, by passing the control of the children into the hands of the State, and empow- ering the State to prescribe the qualifications of teachers and the course of instruction, endangers religious liberty — as, in their 246 JOURNAL OF THE \SepL 30, 1875. view, religious liberty implies not ouly the right of the parent to worship God according to the dictates of his own conscience, but as well his right to direct the religious instruction of his children. They believe tliat a system of public education designed to embrace the entire scholastic population of the State, and to be supported by taxation, is not adapted to the condition of the peo- ple of this State, and that they do not desire such a system. They believe that the benefits to be derived from any system of public education, even the most perfect, if not altogether valueless, are certainly a very poor compensation for the sacrifice of principle necessary to its adoption by a free people. They are, so far, however, from undervaluing the importance of education, that they deem it the duty of the Convention to make out of the public means at the disposal of the State, the most ample provision for the free tuition of all the indigent orphan children in the State, and prospectively for, at least, the partial instruction of all the children of the State ; and this they believe may be accomplished without tlie violation of any valu- able principle by the adoption of the articles herewith respect- fully submitted. R. Sansom, Asa Holt, a. j. c. dunnam, G. B. CoOKE. " Article — . " Section 1. To promote the general diffusion of knowledge, the lands heretofore set apart by the Republic or State of Texas, and the moneys, bonds and other property now owned by the State, which have been devoted to the use or support of public free schools, and in addition thereto one-half of the public do- main now subject to disposal by the State, shall constitute the basis of a permanent fund, to be called the general educational fund ; lyrovided^ that the title to lands given to the State for the use and benefit of public free schools, shall be surrendered to the donors at their option ; but the right of the State to improve- ments put upon said lands by the State shall not be thereby afi'ected. " Sec. 2. The Legislature shall provide for the sale of all the lands set apart in section one of this article, which have been located, or which may hereafter be located, by railroad or other corporations, and for the sale of all other property therein set apart. And all moneys derived from the sale of the same shall be invested in bonds of the State or of the United States. " Sec. '3. The interest accruing on the general educational Sept. 30, 1875.] CONSTITUTIONAL CONVENTION. 247 fund shall be distributed annually by the Comptroller of Public Accounts between the respective counties of the State, according to their scholastic population, and shall be distributed as follows : First, to the payment of tuition for four months in each year of all the indigent orphan children of the State, between the ages of eight and sixteen years. The remainder to be applied, pro rata^ to the payment of tuition of all the children of the State within said ages. But the State shall not levy a tax to support a system of public free schools." Mr. Cline gave notice that he would submit a separate mi- nority report at a future time. Mr. Whitlield moved to have two hundred copies of the articles, reported by the majority and minority, printed, and that they be made the special order for Tuesday next at 10 o^clock a. m. Carried. The following communication from the Adjutant General was taken from tlie President's desk and read : Adjutant General's Office, ) State of Texas, v Austin, September 30, 1875. ) To the Hon, E. B. Piehett^ President of the Convention : Sir — I have the honor to snbmit statements of the strength and cost of all troops that have been called out for frontier pro- tection since the inauguration of Governor Davis, and to the present time. To make a list of all officers and men, and to separate and itemize accounts of (piartermasters, commissary and transporta- tion, would require the examination of vouchers filed in the Comptroller's office for the last six years, and it is doubtful if it could be completed in time to lay it before your honorable body. I have no information in regard to the number and disposition of United States troops in Texas. The State forces are under the command of their own officers. Very respectfully, your obedient servant, Wm. Steele, Adjutant General. 248 JOURNAL OF THE {Sept. 30, 1875. o 00 CO rH "5^ I. s ^ 0 . t- . T-H .-r-l " , T-1 ^ QOt-GO gr 00 • . "r-lOO-rH . .25 ? 10^^^ bjff iff ^ 'zt:% ^^^ ^ ^ J-T-ico !:3'^^ ;; ss :5oo^co ;2 • O -goo •pt'-i:- . . .0 • t- -^t-t- •f;rQoooo '■ -^ OG0052ooOOoS2'-''^t-0000 ^ *^ t--nHt-^-r-lr-lg^ ^ ^^i^^ 2 .00^- ^ .00 oc^ 0^00 00 . -^ ^•OO'^THCii-C-r-lT-^-rHT-l ^T-H -^ 0 p ^f 1 ^ 1 1 § ^"^ 1 J § 7" of i^ % X ^ st^ s g a s s a s s^ts a f^ C-l 01 O.'i 07 -r-i 0 to 0 iO Oi T-i 0 0 C3 ^ l^^ojj OOOOOlOiCiOiOOOOOO 1—1 00 OOOOOCSCitiOCOOOCiCSO |07 'S81'BAIJld by act approved August 5, 1870,) was as follows: To Quartermaster Stores $12,922 (>5 Transportation 13,943 70 Forage and Rations 119,054 88 Interest 527 49 Ordnance and Stores. 76,640 05 Medical Supplies 4,426 70 Services 225,655 01 $453,170 48 Amount lost through James Davidson and G. W. Honey ". 5,826 03 $458,996 51 Making average cost per man, $2 90 per day. The members of this force were allowed by law : Captains and Surgeons, $100 per month ; Lieutenants, $80 per month ; Ser- 250 JOURNAL OF THE ySept. 30, 1875. geants, $54 per month ; Corporals and Farriers, $52 per month ; Buglers and privates, $50 per month, with subsistence for otticers and men and forage for horses. Horses, clothing, and camp and garrison equipage were furnished by the men at their own expense. The ordnance (Winchester carbines, ammunition, accoutre- ments and equipments, $76,640 05) was purchased by the State and issued to this force, and the value of such arms, etc., stopped from pay due the men for services. Minute Companies Organized under Laws approved Noveniiher 25, 1871, /br one Year from Date of Organization. Total number of men, 480. Sept. 30, 1875.J CONSTITUTIONAL CONVENTION. 251 Lieut. Ingram, Company A, P'ebruary, 1872, reports heavy bodies of Indians in his district; capture of one white woman by them. Unsuccessful pursuit. August 16, 1872, reports Indians in county. Scout pursued, but compelled to withdraw ; two Indians killed, several wounded ; three Rangers wounded. Lieut. Stevens, Company B, April 18, 1872, reports his com- pany captured 13 horses from Indians. July 30, 1872, reports — lioi'ses captured from Indians l)y his company. August 11, 1872, reports fight of himself and eight men of his company with one hundred Indians on August 3,1872. All his horses lost ; one Ranger killed ; the chief and twenty In- dians killed. Lieut. Hudson, Company F, August 26, 1872, reports a citi- zen killed b^" Indians. Scout pursued and captured two horses from tliem. Lieut. Waide, Company' I, reports 50 horses recaptured from Indians. R-ECAPiTULxiTiON. — Recovered, 65 horses; Indians killed, 23; Rangers killed, 1 ; Rangers wounded, 3. The cost of this force was paid from the proceeds of the sale of bonds issued for frontier defense, b}^ act approved August 5th, 1870. For particulars, see next exhibit of minute companies. The officers aiid men of this force were allowed $2 per day, for ten days in each month, when Indians w^ere in their respective counties. Besides their pay, the State furnished them with arms, ammu- nition and accoutrements only, which remained the property of the State. They were armed with the balance of Winchester carbines, etc., purchased by the State for the forces of 1870-'71. 252 JOURNAL OF THE {Sept. 3o, 1875. Minute Gampanics Reorganized under Laio approved November 25, 1871, after thsir fii'st year of Service had expired. COMPANY. A B C D E F G I L M P Q R T U Z No, 1. No. 2. No. 3. No. 4. No. 5. No. 6. STATION — COUNTY. Blanco Wise Kendall Comanche. , Kerr... CTillespie Brown . . Cooke Coleman . . . Lampasas. . San Saba. . . Parker Llano Mason Palo Pinto. Montagne. . Erath .". Kerr Gillespie . . . Kinney. . . , Callahan . . . Menard COMMAMDED BY S. B. Gray G. W. Stevens. . . J. C. Nowlin .... W. C. Watkins.. H. Schwethelm . . B. F. Casey G. H. Adams. . . . J. M. Waide...., J. M. Elkins. . E. W. Greenwood W. H. Ledbetter J. C. Gilleland.. J. M. Smith C. 0. Smith J. 11. Carnthers. J. J. Willingham N. Keith../... S. E. Merritt., Geo. Laremore. J. H. Kennedy. J. W. Jones. . . P. H. Mires... NO. MEN. REORGANIZED. 19 19 19 19 19 19 19 19 19 19 19 19 19 19 19 19 19 April 1, 1873. Ang. 7, 1873. March 1, and Jan. 3, 1874. Sept. 18, 1873. April 7, 1873. Nov. 21, 1873. An^. 12, 1873. April 24, 1873. Nov. 7, 1873. Sept. 12, 1873. Sept. 19, 1873. Oct. 29,1873. Sept. 29, 1873. Dec. 9, 1873. Oct. 1, 1873. May 31, 1873. Ma'r. 29, 1873. Sept. 7, '73.]^ Nov. 21,'73. 1 g Jan. 6, '73. Oct. 6, '73. Ang. 25,'73. Sergeant Carter, Company G, in March 27, 1874, engaged a party of Indians and recaptnred three horses and some Indian trophies in San Saba county. Lieut. Elkins, Company L, June 9, 1873, recaptnred eighty horses in a fight with Indians. June 11, 1873, had a running light of fifteen miles with Indians. Killed one and wounded two. November, 1873, engaged a party of Indians. Killed three, and recaptured seventeen horses. Lieut. Ledbetter, Company N, October 30, 1873, engaged sev^en Indians. Lieut. Schwethelm, Company E, June 29, 1873, had a running fight with fifteen Indians. Captured seven horses and mules. February 22, 1874, had a running fight with Indians. Sept. 30, 1875.J CONSTITUTIONAL CONVENTION. 253 Lient. Stevens, Company B. September 9, 1873, had a tight with Indians. Captured ten horses. February 5, 1874, followed Indians and recaptured all their loose stock. Recapitulation — liecovered 117 horses; Indians killed, 4. The cost of this force, and that of the Minute Companies or- ganized in 1872, as per previous exhibit, (which was in part paid from the balance, so far as it would admit, of proceeds of bonds issued for frontier defense, by act approved August 5, 1870,) was as follows : Mileage $ 692 50 Services 55,032 85 Ordnance and stores 4,519 60 Trans])ortation 735 82 Courier sei-vice 271: 00 Rent of arsenal 500 00 Horses lost in action 1,220 00 Telegraphing 3 60 Medical supplies 90 00 Postage 12101 Advertising 96 00 Printing. [ 50 00 Total §63,335 38 The amount due to these companies for their services, and for which there was not sufficient proceeds of sale of bonds in the Treasury, was made good by a deticiency a])])ropriation by the first session of the Fourteenth Legislature. The amount paid on account of this force from said appropriation can not be given, as the rolls and accounts were submitted to the Auditorial Board, who, after acting upon them, referred them directly to the Comp- troller, w^ithout tiling them in the Adjutant General's office. This force, like the minute companies of 1872, was allowed $2 per day for each officer and man, for ten days in each month, when Indians were in their respective counties. 254 JOURNAL OF THE {Sept 30, 1875. Ranging Companies called out hy Governor E. J. Davis^ No- Noveinher 1, 1873, {fheir cost suhject to future appvojjyriations hy the Legislature^ for four months : STATION— C( )rNTT Wise Jack Palo Pinto. Parker. . . . Erath CoQianche. Montague . Young . . . . Brown . . . . McCullocli San Saba . . COMMANDED BY -^ tL ^ G. W. Stevens . S. W. Eastin. . . W. C. McAclams W. L. Hunter. . M. K. Green . . . G. W. Canipbell A. C. Tackett.. J. G. Connell , . a'j cc , r. 0 r/J i-H -(-> .«— 1 •+^ *";-, c3 r— f (— Cli •~^ > C=v 0 s 0 0 2 4 0 P^ H 8 60 75 2 4 8 60 75 2 4 8 60 75 2 4 8 60 75 2 1 4 64 75 2 4 8 60 75 2 4 34 41 2 14 4 30 8 56 60 75 458 566 ORGANIZED. Nov. 26, '73. Dec. 3, '73. Dec. 13, '73. Dec. 24, '73. Jan. 17, '74. Dec. 13, '73. Jan. 6, '74. Jan. 6, '74. Capt. McAclams reports having recaptured from Indians some horses stolen by them. The amount expended for the above force and balance due the Minute Companies of 1873, (previous exhibit) under the defi- ciency appropriation, approved May 4, 1874, was $121,476 56. The above amount w^as paid on the authority of an Audito- rial Board, as required by the law of the Fourteenth Legislature, which made the appropriation. The accounts for this expenditure having been revised and generally reduced by the Board, and from it going direct to the Comptroller, I am unable to make specifications with regard to the items of expenditure. Sept. 30, 1875.] CONSTITUTIONAL CONVENTION. 255 ^ 10 V. s- ^ VJ ,^ v^ ^ ^ ij^ •^ r. '- 1^ 0) "^ 3 ^ Ev.rH c"r-ri-rT-ri-«"'^'~r>^cc":rr' QD '^ .-J-. CCCOCCot^CO O^T— (C^ 3^ 0 s -- ^ - , <1^^^ ^^^c^ ' ^ ^•^^ t-^^-'^"^^^ -^^ p ^' - '--ir oT lif 0" 0" irf cT 'th' i>^ £2 S 5^^ ^' rH CSJ tH •>! CM 00 C^q ^ ^ p ^ ■l'-40X 1— ( 1— 1 rH X' CC: O) 'X 00 00 10 10 0 T— I X^-lr-X^-t'-t-l^-GvlCMiO 1:- 10 •S94iiAi.ij; CO CO CO 00 CO CO O' O' 0 i^ w 0 CO :o w ^' CM C^ CO 10 •S[B.I0d.l0f) '^ 0 0 ''X- ^ CM CM ^ •sui^a-t^.iQS 0 0 X> 0 0 -to CM (M ^ •s;[n? 11941101^ CM CM oi oi cq c^^ cm T— 1 j^ • • " ! * i ' '^ '^ 02 ^^ ' r/i • • — ; ' 0 0 -•-J '"' .• c ' • >.'-^ ' '-C cC h-l 3 9 ' ^ d Pc: UH .^■t'' -^J *- p^ .-r^ - -^^ ^, ^ ^ ^ ^ ^ ;:i. r^ -X . ,.7; cS - - - - - 0 - eg <1 •g-.O-^.o ;5 Q cc . ,--*■ :« S 0 » <1^ C ^ <1 ff 0 0 0 ►■^ -^ 00 :!; ^^.^ (—1 p^d 5 Pn ^-s^C» 6 ^ 0 H ^ g Station. Cou CO ; C 0 0 I—* 0 •saiu'BdmoQ <^ n Q P H Ph 1 s d 8*3 O e3 .« o 1'^ 1^ a> OS ^ S3 g^ « 5 c g *^ o Si <» <» ^ S g i ^ S ^.S £ ®^ S r? "i tj m a - o g .a > tcco > a 0 - o 03^ ^ > « " 2i S 3 3 2 2 O eS G Oi 00 a> > OJ jX - ^^"^ " ^ O rri r^ tC W S (-1 ,-, Oi (D CO CQ 256 JOURNAL OF THE {Sept. 30, 1875. May 7, 187i, Captain Ikard, Company C, with six men attacked ten Indians. Drove them (fighting) fifteen miles ; hit an Indian, who fell from his horse. July 11, ISTtt, Lieut. G. W. Campbell, Company C, and twenty men, attacked a camp of seventy-five to eighty Indians. Cap- tured -13 horses and mules, and some camp equipage. July 12, 1871:, Lieut. B. F. Best, Company E, recovered 2 horses taken by Indians. July 12, 1871:, Major J. B. Jones, with Capt. G. W. Stevens, Company B, and Lieut. J. T. Wilson, Comjmny A, and thirty-four men, engaged over one hundred and twenty-live Indians at Last Yalley; three Indians killed and three wounded ; two Rangers killed, two wounded, and 12 Rangers' horses killed and dis- abled. July 25, 1871:, Sergt. M. T. Israel, Company E, and twenty- one men struck a party of six Indians near the Iiead of Clear Fork, of Brazos; three Indians killed, one Ranger wounded. August 22, 1875, Capt. N. Cold well. Company F, gave unsuc- cessful pursuit to nine Indians ; ca]itured 1 horse. May 28, to June 12, 1871:, Capt. Waller's Company A, arrested over twent^'-two cattle thieves and desperadoes; killed two mur- derers who resisted arrest, and captured 800 head of cattle — re- turned them to owners. July 29 and 30, 1874, Capt. Perry's Company D arrested several criminals. May 10, 1874, Capt. Maltby and Lieut. Council captured 2 horses, etc., from horse thieves. Sept. 15, 1874, Lieut. T. Montes, El Paso, Company M. M., with twelve men, attacked seven Indians, killing two, recaptured 5 horses, saddles, etc. Recovered a boy stolen by these Indians eight months previous. November 18, 1874, Lieut. B. F. Best, Company E, and six- teen men, overtook a jmrty of Indians in Brown county, killed three and wounded one. One Indian's horse killed and two cap- tured ; two Rangers wounded ; one Ranger's horse killed. November 17, 1874, Lieut. J. W. Millican, Company A, over- took a party of Indians in Shackelford county, and recaptured two horses and two mules. November 21, 1874, Lieut. D. W. Roberts, (company D, en- gaged eleven Indians in Menard county, killed five and captured one; captured 3 horses, arms, etc. Lieut. L. P. Beaver kept u]) the pursuit, when the Lidians to(tk refuge in a cave, where one was killed and one wounded. December 18, 1874, a detachment of three men of Company Sept. 3d, 1875.J CONSTITUTIONAL CONVENTION. 'J57 D fought nine Indians, killed two and wounded two, recaptured 16 horses and all their camp equipage. May 8, 1875, Major J. B. Jones, with his escort, engaged seven Indians and killed live; one Ranger wounded; one Rangers' horse killed and two wounded. Recapitulation. — Engagements, 16 ; trails followed, 30 ; des- peradoes and cattle thieves arrested, 28 ; desperadoes and cattle thieves killed, 3; Indians killed, 24; Indians wounded, 10; In- dians captured, 1; Rangers killed, 2; Rangers wounded, 6; Rangers' horses killed, 14; recovered from Indians (boy), 1 ; re- captured horses and mules, 78; recaptured cattle, 1,000. Probably the greatest benefit derived to the State from this force was the driving back (after a severe engagement on July 12, 1874,) of a large Indian war-party commanded by Lone Wolf, that invaded Texas for the purpose of revenge. The loss of life and property which was thus prevented can not be esti- mated. The cost of this force was !^300,000, appropriated May 4, 1874. The average cost per man per day, $2 30. The supplies, with rare exceptions, were delivered at the com- pany's stations by the contractors. The transportation furnished the companies were pack mules for scouting and one two-horse wagon for camp equipage. 17 258 JOURNAL OF THE [Sept. 30, 1875. s ^ 10 00 "S ^ ^ .5 t? ^. ir^* t- ^ V. V. GO -^ ^ ^ 'w -^ ^*' rv #N »^ •^ - rH T-l ^ '-I K K Vt> '^ C>t) ot H CO • ni ^^^ ^ ^ ^ ^. . . ^' iO ^ t- c; ^ ^ rH K r ^ ^ #^ T-H T— 1 tH X) 2 U c :: ::; i: ^ »-5 'l^^'^X T— 1 Tl tH r-l rH T-l CC' "W^ "^1 "^1 ""^ Cta^' 1 ^ •sa'ii^Auj • is:^ 'tH -ti -rH j^- • Ot) Ot" CO CO CO 1 ^ •S['B.I0d.I0Q 1 CM CO CO CO rH 1 •s;u^a.o.iog 1 00 CO CO O' :> (M ^ . . . . C£J *A cc cc -^ • C t^ .• ^ p^ 5-" S-i '— ;^ 0 g ts 2 O) 5 CO ■1 . < . 1" :> +-' s ^ ^^m^ Cap c3 d G cq J2 \ 1 ^ oi.^ ^ S-i — ^ fa •M-^^ ^ i •^ -hH ^ 2rS <^ 5 'o ^ H ;z; to vJ 0 c lo 0£ tn ^ Yonn Men a Colen Kerr, •soruBcliuoQ p; ft w pt. 1 Sept. 30, 1875.J CONSTITUTIONAL CONVENTION. 259 S 10 QO ?M >."*-' ^ >o e t— 00 s^ rH ^ 00 0 ^ rH -^ ■Ci ■<» ^ S^ ^ .5^ ^ ■^ •to •K> I . 1 i 1 i\ iO Ir- ^ .. ^ V. 00 ^ -^ ^ ^ ■—*. tH a 'A . QD ^-J ^ » ■ * * CC CO ' CO « NDED c I—" 0 < 0 • bU^ • 5-1 r^ ^ < •l=^^s 5-( a ^ i'-g -95 §:§ (^J 0 a ^^ 1^ jH ^ t> • /-» . c |o ^cs fl B i s t •samBdmoQ 1 < -1 A' hC ^Ci Vr^^ 1 "I 260 JOURNAL OF THE [Sep. 30, 1875. August 7, 1875, Lieut. Roberts, Company D, after following Indians four hundred miles attacked them on Staked Plains ; killed one, wounded one. Recovered a Mexican captive and recaptured 23 horses. Recapitulation. — Indians killed, 1 ; Indians wounded, 1 ; captive recovered, 1 ; horses recaptured, 23. The cost of these forces to September 1, 1875, is included in the amount ($300,000,) mentioned in previous exhibit. The present force since September 1, 1875, will be paid out of the appropriation of $150,000 made by the last Legislature ; and this appropriation will have to apply to such other companies as it may be necessary to call out under the law authorizing the organization of the Frontier Battalion. The Washington County Volunteer Militia Company, Capt. L. H. McNelly commanding, with one lieutenant, four sergeants, three corporals and twenty-five privates, was organized July 25, 1874, for duty in DeWitt county, to assist the civil authorities, and was mustered out March 31, 1875. The sum of $17,403 00 was appropriated by the last Legisla- ture to pay this company and two Galveston companies : the Washington Guards and Lone Star Rities. Capt. McNelly 's company was reorganized April 1, 1875, for duty on the Rio Grande. On June 12, 1875, this company overtook a party of sixteen Mexican thieves, killed fifteen, wounded one, and recaptured two hundred and sixty-three head of cattle. One ranger killed. In July, 1875, recaptured three hundred head of cattle from a party of Mexican thieves, who, hearing of the company's ap- proach, in pursuit, deserted the herd and succeeded in escaping. In June, July and August, 1875, the company recovered from the other side of the Rio Grande forty-three horses belonging to parties in Texas. Sept. 30, 1875.] CONSTITUTIONAL CONVENTION. 261 •^ ^ 1-1 ac ) 0 0 (^ ^ 10 0 CO 0 '^ 0 0 '^ zc io '£, 00 0 ^ OD H CiCO $2 0 -^ 0 ^ C5 CO ^ CC' 0 00 0 » co" r; CO 0 0" CO u o->o 2 ^ 0 '^ ^ T-. CO cs f ^ _^ -, ^^ - €©■ ^ •paAvoiio^ siiBJX • — — — ; C5 1-1 |g 0 CO 'iqgnoj s^naraaSTjSug; • iO T-l 1 -to 1 1— 1 T—l • 0 0 0 'CC 1 CO CO p •a^^^O CO T— 1 CO r-l 0 -ii 1 0 10 C5 0 > 0 T—f 1 T— 1 T-l xf< 10 t^ ^ OO CO CC 1 ^ 0 •S9xnj\[ puB sasjojj 0 0 1-1 T— 1 t-C^'Tl- 1 ^ 1^ •saAi^^d^^ uEipni 1—1 1— 1 1^ Ci Q H Ph Q P 0 H •SAVE{;no 00 1^ 00 •suBoixaj^ I . • •sn-Bipui T—l T—l T—l •sasjOH jSjaSu^jj ; . •sjaSui?y^ iC CO 00 0 CD T—l , , 1—1 T—l 1—1 SMBIinQ •sat?OTxa];\[ . . ■^ T—l T—l •suFipnx 0 1—1 Ot-H 1—t T—l T—l 0 •S9SJ0JJ jSjaSire^ •00 . 1^ T—l >>* •s.iaSn^^ CO-rl : r Ci ^ CO t- •SiWBi^no • 1 : CO CO CO •suBDixaj^ • 1 : T— 1—1 T—l •sut?ipui TiCO-^ • 1 GO C4 CO • X 02 aj '. 0, ce •-c^ 0 S 03 > ■> *f J- >v 03 Ac c H "^ a fl 0: 0 v- 'fl 0 0 £ .-tM .2 1> . ^ «}<> c3 ^40 T-^ c6 .2 , 0 *oc C .-T-l'S T—l - s ^Z? C 0 o'^ 05 >.|o -^^ c Tj ^^.2 7^ c/; > ft ', '74, to 1, '75, to nv. on R ^ a 03 y rHi-l^ ^o 5 tH 0 0 0 ■^ fl Cl ^ c a3 . •^ cc «: ^- ?- .2 .2 .S 0 S S c3 t- 0, ;:^ & 00 pr ^ 'i; 0 5 S'^ ii 0 »2 0 P. - 0 0 ■t-i rH C C = c c 03 » » jr; p ^ '^ g ;3 3 &/ J 0 0 0 ^ fe C3 ■^ H 0 0 H 0) OS c8 O .a o 0 o Ou ^ o si* c >. Sis p.© Sg S © io © © -*^o ® o © © © SCO © © -co o o ^o So © .1-1 © .-^ © a„ £•0 a vJ-*^ o 42 o © S cS O (0 © □ ® « «^ eg U © "^ a Sa c o Kg© 262 JOURNAL OF THE {Oct. i, 1875. On motion of Mr. King, the communication was referred to the Committee on Frontier Affairs. Mr. King moved that one hundred copies of the communica- tion be printed. Lost. On motion of Mr. Martin, of Navarro, Mr. Martin, of Hunt, was added to the Connnittee on Froutier Affairs. On motion of Mr. Russell, of Harrison, Mr. Pauli was added to the Committee on Lnmigration. The Convention then proceeded to the consideration of the unfinished business, viz : Mr. German's amendment to section 51, article Legislative Departmerit, viz: After the word "money "in line 204 insert the words ''public land or other thing of value." Mr. West moved to pass over the consideration of tlie pending question until the reports from the Committees on Education and Public Lands and Land Office shall be made to the Convention and printed, in order that the subject of the disposition of the public lands should be considered as an entirety. Mr. Kilgore moved to adjourn until 9 o'clock to-morrow. By leave, the following amendments were read for intbr- mation : By Mr. Russell, of Wood : Add to the amendment : '' pro- vided this clause shall not be so construed as to prevent actual settlers from pre-emption privileges, nor the State from making valid titles to her lands when sold." By Mr. Flournoy — Substitute for the amendment : in line 264 insert the words " or land " after the word '' money," and add to the section the following words : '' Or of portions of the public domain for internal improvements, or to actual settlers, by gen- eral law alone." The Convention then adjourned, under Mr. Kilgore's motion, to 9 o'clock A. M. to-morrow. TWENTY-THIRD DAY. Hall of Representatives, ) Austin, Texas, October 1, 1875. f Convention met pursuant to adjournment ; roll called; quorum present ; prayer by Rev. Mr. Lee, Rector of St. David's Church, at Austin. Oct I, 1875.J CONSTITUTIONAL CONVENTION. 263 Journal of yesterday read and adopted. Mr. Russell, of Harrison, asked and obtained leave of absence for a few days from the Convention. On motion of Mr. Rentfro, Mr. McCabe was excused from at- tendance on the Convention for a few days. On motion of Mr. Moore, Mr. Lockett was excused from at- tendance on the Convention for a few days after to-day. Mr. Darnell, chairman of Committee on Public Lands and Land Office, submitted the followino^ report and article: CoMMriTEE Room, ) AusTm, September 29, 1875. f To the Hon. E. B. Pichett^ President of the Conventio7i : The Committee on Public Lands and Land Office have con- sidered the memorials, ordinances and resolutions referred to them, together with such other matters proper for them to con- sider, and beg leave to submit the following sections as a substi- tute for the same and recommend that tliey be incorporated in the constitution. N. H. Darnell, Chairman. ''Article — . '' PUBLIC lands and LAND OFFICE. " Section 1. There shall be one General Land Office in the State, which shall be at the seat of government, where all land titles which have emenated, or may hereafter emenate, from the State shall be registered, except tliose titles the registration of which may be prohibited by this constitution, and the Legisla- ture may, from time to time, establish such subordinate offices as may be deemed necessary. " Sec. 2. All unsatisfied genuine land certificates barred by sec- tion 4, article 10, constitution of 1869, hy reason of the holders or owners thereof failing to have them surveyed and returned to the Land Office by the first day of January, 1875, are hereby re- vived, and may be located on any of the vacant lands in the State. " Sec. 3. The Legislature shall not hereafter grant public lands to any person, persons, or corporation ; nor shall any certificate for land be sold at the Land Office except to actual settlers upon the same, and in lots not to exceed one hundred and sixty acres, except as may be otherwise specially provided in this constitu- tion. "Sec. 4. All lands granted to railway companies which have not been alienated in conformity with the terms of their charters and the laws of the State under which the grants were made are 204 JOURNAL OF THE {Oct. i, 1875. hereby declared forfeited to the State and subject to location and survey as other vacant land. " Sec. 5. To every head of a family without a homestead 4here shall be donated one hundred and sixty acres of public land, upon the condition that he will select and locate said land and occupy the same three years, and pay the office fees dues thereon. To all single men, eighteen years of age, shall be donated eighty acres of public land upon tlie terms and conditions prescribed for heads of families. " Sec. C. The State of Texas hereby releases to tlie owner or owners of the soil all mines and minerals that may be on the same, subject to taxation as otlier property.'' On motion of Mr. Darnell, one hundred copies of the report and article were ordered printed for the use of the Convention. Mr. Stayton ottered tlie following resolution : Hemlmd^ That a select committee of seven be appointed to inquire and report as to the expediency of inserting into the constitution a provision providing for the reservation of a cer- tain quantity of the public lands of the State, and for donating the same for the purpose of aiding in the construction of rail- w^ays in the western and southeastern portions of this State, as the increase in population will render it practicable so to do, in such manner as will ecjualize the different portions of the State in benefits heretofore and hereafter to be received by such dona- tions. Mr. Nugent proposed to amend by inserting " northwestern." Ado])ted. Mr. Flournoy proposed to amend by striking out '' western, northwestern and southeastern portion " and inserting the " State of Texas." Lost. • The question on the adoption of the resolution as amended was then put, and the resolution adopted by the following vote : Yeas — Allison, Abner, Brown, Blake, Ballinger, Barnett, Burleson, Crawford, Chambers, Cook of Gonzales, Cooke of San Saba, Cline, Cooley, Cardis, Douglass, DeMorse, Darnell, Dunnam, Davis of Braz(>s, Erhard, Ford, Flournoy, Fleming, Ferris, (xaither, Henry of Smith, Holmes, llaynes. King, Kilgore, Killough, Lockett, Lynch, Martin of Hunt, McCabe, Morris, Moore, Muri)hy, Nor veil, Pauli, Reagan, Hamey, Keynolds, Kobeson of Fayette, Spikes, Sessions, Smith, Stayton, Sansom, Whitehead, W'eaver, Whitfield, West, Waelder— 54. Nays — Abernathy, Arnim, Blassingame, Brady, Bruce, Dil- lard, Dohoney, German, Graves, Holt, Henry of Limestone, .Oct. I, 1875.] CONSTITUTIONAL CONVENTION. 265 Johnson of Franklin, Johnson of Collin, Lacy, McLean, Martin of Navarro, Mitchell, McKinney, McCormick, Nnnn, Nngent, Rentfro, Robertson of Bell, Ross, Russell of Wood, Scott, Stockdale, Wade— 28. Mr. Wade offered the tbllowing sections, whicli were referred to the Connnittee on Judiciary : ''Section 1. Every civil suit that may be commenced in any court of record havinc^ oriofinal iurisdiction shall be submitted and decided, or shall be ordered to be arbitrated, at the option of the parties, within one year from and after the end of the ap- pearance term of such suit and not thereafter ; or shall be dis- missed at the cost of tlie party failing to submit or to consent to an award of arbitration. "Sec. 2. Every such suit, when appealed or taken up by a writ of error, shall be submitted and decided within one year from and after the same shall have been docketed in the court to which appeal is taken, or shall, at the option of the parties, within one year from and after its appearance term in the appel- late court, and not thereafter, l)e ordered to be arbitrated, or on the expiration of the year shall be dismissed at the cost of the party failing to submit or to consent to an aw^ard of arbitration. " Sec. 3, judges of courts who ne^'lect or fail to decide such suits when submitted within the year, or to order an arbitration when the parties consent thei'eto, shall forfeit one-fourth of their salaries, and may be otherwise punished as may be prescribed by law ; and attorneys who neglect or fail to submit such suits, or to consent to an order of arbitration within the time prescribed, shall forfeit to their clients all fees they may have been paid touching such suits, and shall be forever barred from directly or indirectly collecting any fees for work done in or concerning such suits. " Sec. 4. In cases of arbitration as herein prescribed, the arbi- trator or arbitrators shall render an award wdthin one year from and after the end of the term at which the order of arbitration was made and not thereafter. "Sec. 5. The Legislature shall enforce the foregoing four sec- tions, as from time to time may be found necessary, by appropri ate legislation, and shall not have the power to extend the time limited or to relieve any judge or attorney for neglecting or fail- ing to comply with the requirements thereof, save by means of a public law^ and when prevented from compliance by the act of God or of the public enemy. Mr. Nunn otfered the following resolution : Whereas, A report from the Ajutaut General was presented 266 JOURNAL OF THE [Oa, i, 1875. to this Convention on tlie 30th of September, in obedience to the previous order, and the same was referred, without reading, to a special committee ; and Whereas, It is believed that members of this Convention voted for said motion to refer with the understanding that the said report would not thereby be withdrawn from publication, but would be published in the official journal, as part of the daily proceedings of this body ; and Whereas, The said report has not been published, and, it being desirable that the information therein contained should be placed before every delegate of this Convention ; therefore, be it Resolved^ That two hundred copies of the said report be printed for the use of the Convention. Adopted. Mr. Rentfi'o offered the following resolution : Resolved^ That the (Secretary of the Convention be instructed to purchase or procure, for the use of the Committee on Senate rial Apportionment, three large maps of the State of Texas, provided, that the same contain all the existing counties of this State. Lost. Tlie Convention then proceeded to the consideration of un- finished business and business on the table. Mr. Brady moved to take up the resolution in relation to elect- ing a Committee Clerk. On motion of Mr. McCormick, the resolution was laid on the table. Mr. Kilgore called u[) his resolution relative to additional pay for Pages. Mr. West proposed to amend by adding : " Also, the pay of the Porters, Doorkeepers, Sergeant-at-arms, Clerks and Secre- tary be increased in the same proportion." Laid on the table. Mr. Dillard moved to lay the resolution on the table. Lost by the following vote: Yeas — Allison, Brown, Blake, Blassingame,i>arnett, Burleson, Th'uce, Chand)ers, Dillard, DeMorse, Dohoney, Darnell, Dun- nam, Davis of Brazos, Erhard, Ford, German, Graves, Holt, Henry of Smith, Haynes, Johnson of Collin, Killough, Martin of Hunt, McCabe, McKinney, Moore, Norvell, Nunn, Nugent, Pauli, Reagan, Uamey, Rol)ertson of Bell, Russell of Wood, Spikes, Wade, AVest— 38. Nays — Abernathy, Arnim, Abner, Ballinger, Brady, Craw- ford, Cook of Gonzales, Cliiie, Cooley, Cardis, Douglass, Davis Oct. I, 1875.I CONSTITUTIONAL CONVENTION. 267 of Wharton, Fleming, Ferris, Henry of Limestone, Holmes, Johnson of Franklin, King, Kilgore, Lacy, Lynch, McLean, Martin of Navarro, Morris, Mitchell, McCormick, Murphy, Reynolds, Rentfro, Robeson <»f Fayette, Scott, Sessions, Smith, Stockdale, Stay ton, Sansom, Whitehead, Weaver, AVhitlield, Waelder— 40. / The question then recurring on the adopti(»n of the resolution, the yeas and nays were called, and the resolution lost by the fol- lowing vote : Yeas — Arnim, Abner, Ballinger, Brady, Crawford, Cook of Gonzales, Cooke of San Saba, Cline, Cardis, Fleming, Ferris, Henry of Limestone, Holmes, Johnson of Franklin, King, Kilgore, Lacy, Lynch, McLean, Martin of Navarro, McCabe, Morris, McCormick, Murphy, Reynolds, Rentfro, Robeson of Fayette, Scott, Sessions, Smith, Stockdale, Stayton. Sansom, Whitehead, Weaver, WhitHeld, Waelder— 37. Nays — Allison, Abernathy, Brown, Blake, Blassingame, Bar- nett, Burleson, Bruce, Chambers, Douglass, Dillard, DeMorse, Dohoney, Darnell, Dunnam, Davis of Brazos, Erhard, Ford, German, Graves, Holt, Henry of Smith, Haynes, Johnson of Collin, Killough, Martin of Hunt, Mitchell, McKinney, Moore, Norvell, Nunn, Nugent, Pauli, Reao-an, Ramey, Robertson of Bell, Russell of Wood, Spikes, Wade, West— 40. The consideration of the article on Legislative Department again resumed. Mr. Flournoy corrected his amendment by striking out " inter- nal improvements" and inserting "railroads." On motion of Mr. McCormick, the further consideration of the subject was passed for the present. Mr. German proposed to amend section 56 by adding after line 329 the words "for incorporating railroads or other works of internal improvements." Adopted by the following vote : . Yeas — Allison, Abernathy, Arnim, Ballinger, Blassingame, Barnett, Burleson, Bruce, Chambers, Dillard, DeMorse, Doho- ney, Dunnam, Davis of Brazos, Erhard, Ford, Flournoy, Flem- ing, Ferris, German, Gaither, Graves, Holt, Henry of Lime- stone, Holmes, Haynes, Johnson of Franklin, Johnson of Col- lin, Kilgore, Killough, Lacy, Lynch, McLean, Martin of Na- varro, McCabe, Morris, Mitchell, McKinney, McCormick, Moore, Murphy, Norvell, Nunn, Nugent, Ramey, Rentfro, Robertson of Bell, Robeson of Fayette, Ross, Russell of Wood, Spikes, Scott, Sessions, Smith, Stockdale, Stayton, Sansom, Wade, Whitehead, Weaver, Whitfield— 61. 268 JOURNAL OF THE {Oct i, 1875. Nays — Abner, Blake, Crawford, Cook of Gonzales, Cooke of San Saba, Cline, Douglass, Davis of Wharton, Henry of Smith, King, Pauli, Reynolds, West, Waekler — 14, Mr. Dohoney offered the following amendment : Amend section 56, line 331, by adding at tlie end thereof the words " but local or special laws may be enacted for the differ- ent sections of the State in reference to fences for the benefit of agriculture or stock-raising," Mr. Stockdale proposed to substitute the amendment by the following : "Except as otherwise provided in this constitution.-' Adopted. Mr. West offered the following amendment : Providrd^ Nothing herein contained shall be so construed as to prohibit the Legislature from passing special laws for the pres- ervation of the game and fisJi of this State in certain localities. Adopted. Mr. Crawford offered the following amendment : Amend section 53, lines 270 and 277, by striking out the word "hereafter." Adopted. Mr. Stayton proposed to add " towns " after the word " cities," in line 289. Adopted. Mr. Rame}^ proposed to amend section 16, by striking out the word " when," in line 74, after the word " except " and the word "is," in same line, and insert "when" instead. Adopted. Mr. Russell, of Wf the Stiite of Texas, approved April 29, 181:6 ; " An act of the Congress of the United States of the 5th of Jnly, 181:8, accepted to l\y the State of Texas, by the act of November 2, 1849 ; and " An act of the Congress of the United States (commonly called the compromise act), approved September 9, 1850, accepted and assented to by an act of the Legislature of the State of Texas, ap- proved on the 25th day of November, 1850 — " The boundaries of the State of Texas are hereby declared to be, and shall forever remain, as hereinafter set forth, to-wit : '• Beginning in the middle of the mouth of Sal)ine Bay or Pass, on the Gulf of Mexico ; thence up the middle of Sabine Bay or Lake to the mouth of the Sabine river ; thence up the central channel of said river to latitude 32 degrees north ; thence due north, on the line established in the year 1810, to Red river ; thence up the Rio Roxo or Red river to the one hun- dredth dei2:ree of lon^ntude west from Greenwich and twentv- three west from Washington ; thence due north to the parallel of thirty-six -degrees and thirty minutes north latitude; thence due west to the meridian of one hundred and three degrees of longi- tude west from Greenwich ; thence due south to the thirty-second degree of north latitude ; tlience due west, on the line of thirty- two degrees north latitude, to the channel of the Rio Bravo del Norte — otherwise called the Rio Grande ; thence with the chan- nel of said river to the Gulf of Mexico ; thence, on a line drawn three marine leagues from the shore of the Gulf of Mexico, to the beginning at the mouth or pass of Sabine Bay. " Article 2. " That the general, great and essential principles of liberty and free government may be recognized and established, we de- clare that — '' Section 1. Texas is one of the free and independent States of the United States of America, and that the maintenance of our free institutions and the perpetuity of the Union depend upon the preservation of the right of local self-government, un- impaired, to all the States. " Sec. 2. All political power is inherent in the people, and all free governments are founded on their authority, and instituted for their benefit. The faith of the people of Texas stands 272 JOURNAL OF THE [Oct 2, 1875. pledged to the preservation of a republican form of government, and, snbiect to this limitation only, they have at all times the inalienable right to alter, reform, or abolish their government, in such manner as they may think expedient. " Sec. 3. All freemen, when they form a social compact, have equal rights, and no man, or set of men, is entitled to exclusive separate public emoluments or privileges but in consideration of public services. " Sec. 4. No religious test shall ever be required as a qualifica- tion to any office or public trust in this State ; nor shall any one be excluded from holding office on account of his religious senti- ments, provided he acknowledge the existence of a Supreme Being. " Sec. 5. No person shall be disqualified to give evidence in any of the courts of this State on account of his religious opin- ions, or for the want of any religious belief, but all oaths, or affirmations, shall be administered in the mode most binding upon the conscience, and shall l>e taken subject to the pains and penalties of perjury. "Sec. 6. All men have a natural and indefeasible right to worship God according to the dictates of their own consciences. No man shall be compelled to attend, erect, or support, any place of worship, or to maintain any ministry, against his consent. No human authority ought, in any case whatever, to control or interfere w^ith the rights of conscience in matters of religion; and no ])reference shall ever be given by law to any religious societies, or mode of worship. But it shall be the duty of the Legislature to pass such laws as may be necessary to protect every religious denomination in the peaceable enjoyment of their own mode of public worship. " Sec. 7. No money shall be appropriated or drawn from the treasury for the benefit of any sect or religious society, theologi- cal or religious seminary ; nor shall property belonging to the State be appropriated for any such purposes. " Sec. 8. Every citizen shall be at liberty to speak, write or publish his opinion on any subject, being res])onsible for the abuse of that privilege. And no law shall ever be passed cur- tailing the liberty of speech, or of the press. And in all civil or criminal actions for libel, the truth thereof may be given in evidence to the jury, and if it shall appear that the alleged libel- ous matter was j)ublished with good motives, and for justifiable ends, it shall be a sutficient defense. " Sec. 9. The ijeople shall be secure in their persons, houses, ])apers and possessions, from all unreasonable seizures or Oct. 2, 1875.J CONSTITUTIONAL CONVENTION. 2*73 searches, and no warrant to search any place, or to seize any per- son or thinir, shall issue without describing them as near as may be, nor without yjrobable cause, supported by oath or affirmation. " Sec. 10. In all criminal prosecutions, the accused shall have a speedy public trial by an impartial jury. He shall have the right to demand the nature and cause of the accusation against him, and to have a copy thereof. He shall not be compelled to give evidence against himself. He shall have the right of being lieard by himself or his counsel, or both ; shall be confronted with the witnesses against him, and shall have compulsory pro- cess for obtaining witnesses in his favor. And no person shall be held to answer for a criminal offense unless on indictment of a grand jury, except in cases in which the punishment is by fine or imprisonment otherwise than in the penitentiary, in cases of impeachment, and in cases arising in the army, or navy, or in the militia, when in actual service, in time of war or public danger. " Sec. 11. All prisoners shall be bailable by sufficient sureties, unless for capital offenses, when the proof is evident ; but this provision shall not be so construed as to prevent bail after indict- ment found, upon an examination of the evidence by a judge of the supreme or other court of record, upon the return of a writ of habeas Cjorpvs^ returnable in the county where the offense is committed. " Sec. 12. The writ of haheas corpus is a writ of right, and shall never be suspended. The Legislature shall enact laws to render the remedy speedy and effectual in all proper cases. *' Sec. 13. Excessive bail shall not be required, nor excessive fines imposed, nor cruel or unusual punishment inflicted. All courts shall be open, and every person, for an injury done him in his lands, goods, person or reputation, shall have remedy by due course of law. " Sec. 14. Ko person, for the same often se, shall be twice put in jeopardy of life or liberty, nor shall a person be again put upon trial for the same offense after a verdict of not guilty. '' Sec. 15. The right of trial by jury shall remain inviolate. The Legislature shall pass such laws as may be needed to regu- late the same, and to maintain its purity and efficiency. '^ Sec. 16. No bill of attainder, expost facto law, retroactive law, or any law impairing the obligation of contracts, shall be made. " Sec. 17. No person's property shall be taken, damaged, de- stroyed or applied to public use, without adequate compensation being made, unless by the consent of such person ; and, when 18 274 JOURNAL OF THE \Oct. 2, 1875. taken, except for the use uf the State, such compensation shall be first made, or secured by a deposit in money, and no irrevo- cable or uncontrollable grant of special privileges or immunities shall be made; but all privileges and franchises granted by the Legislature shall be subject to the control thereof. " Sec. 18. No person shall ever be imprisoned for debt. " Sec. 10. No citizen of this State shall be deprived of life, liberty, property or privileges, or in any manner disfranchised, except by the judgment of his peers, or the law of the land. " Sec. 20. No citizen shall be outlawed, nor shall any person be transported out of the State for any offense committed within the same. " Sec. 21. No conviction shall work corruption of blood or forfeiture of estate, and the estates of those wdio destroy their own lives shall descend or rest as in case of natural death. " Sec. 22. Treason against the State shall consist only in levying war against it, or adhering to its enemies, giving them aid and comfort; and no person shall be convicted of treason, except on the testimony of two witnesses to the same overt act, or on confession in open court. '" Sec. 23. Every citizen shall have the right to keep and bear arms in the lawful defense of himself or the State, but the Legislature shall have power by law to regulate the wearing of arms with a view to prevent crime. " Sec. 24. The military shall at all times be subordinate to the civil authority. " Sec. 25. No soldier shall in time of peace be quartered in the house or within the enclosure of any citizen without the con- sent of the owner, nor in time of war but in a manner pre- scribed by law. '' Sec. 26. Perpetuities and monopolies are contrary to the genius of a free government, and shall never be allowed, nor shall the law of primogeniture and entailments ever l)e in force in this State. " Sec. 27. The citizens shall have the right in a peaceable manner to assemble together for their common good, and to ap|)ly to those invested with the power of government for redress of grievances or other purposes, l)y petition, address or remonstrance. '' Sec. 28. No power of suspending laws in this State shall be exercised except by the Legislature. " Sec. 29. Emigration from the State shall not be prohibited, and no appropriation of money shall be made to aid immigrants to the State. Oct. 2, 1875.J CONSTITUTIONAL CONVENTION. 275 *' Sec. 30. To guard against transgressions of the high powers lierein delegated, we declare that every thing in this 'Bill of Rights' is excepted out of the general powers of government, and shall forever remain inviolate, and all laws contrary thereto, or to the following provisions, shall be void." On motion of Mr. Davis, of Brazos, two hundred copies of the report and article were ordered printed for use of the Con- vention. Mr. Russell, <»f Wood, submitted the following report: CoMMFiTEE Room, ) Austin, October 2, 1875. f To the Hon. E. B. PicJictt, President of the Convention : Sir — Your Committee on Immigration, to whom was referred sundry resolutions relative to establishing and maintaining a Bureau of Immigration, have carefully considered the same ; and I am instructed by a majority of the committee to report that, in their opinion, the people ought not to be taxed for any such purposes, and therefore respectfully recommend that a clause be put in the organic law restraining the Legislature from ever appropriating money for such purposes. Respectfully submitted, J. Russell, Chairman. Sam. B. Killough, Julius E. Arnim, Wm. C. Holmes, Joe. p. Douglas. Report received and passed to the orders of the day. Messrs. Waelder and Erhard gave notice of minority reports. unfinished business. The Convention then proceeded to consider article — , Legisla- tive Department. Mr. Reagan proposed the following amendment to article — , mode of calling a convention and amending the constitution : Section 1, line 1, strike out the words " three-fourths " and in- sert "two-thirds." Adopted. Mr. Brown offered the following amendment : Section 1, line 2, after the word "house" insert the words " taken by yeas and nays and entered on the journal." Adopted. Mr. Stayton offered the following amendment : Amend by striking out all after the word " favor " in section 2, line 19, and insert " thereof, the same shall be valid to all in- tents and purposes as a part of the constitution of the State of 276 JOURNAL OF THE [Oa. 2, 1875. Texas, and the same shall be so declared by a joint resolution of the Legislature at the first session thereof after such election.'' Mr. Allison offered the following as a substitute for the amend- ment : Section 2, line 19, strike out " two-thirds '' and insert " a ma- jority." Lost. Mr. Moore offered the following as a substitute for the amend- ment : Strike out in line 19, after the word " of," all down to the word " so," in line 21, and insert " either of them," and strike out all after the word " Texas " in line 23, and insert " and the Governor shall by his proclamation so declare." (Mr. Stockdale in the chair.) Mr. Ballinger offered the following as a substitute for the sec- tion and amendments: *'Sec. 2. The Legislature, at any biennial session, by a vote of two-thirds of all the members elected to each house, to be entered by yeas and nays on the journal, may propose amend- ments to the constitution, to be voted upon by the qualified elec- tors for members of the House of Representatives, which proposed amendments shall be duly published once a week for four weeks, commencing at least three months before an election, the time of which shall be specified by the Legislature, in one weekl}^ news- paper of each county in which such newspaper may be published ; and it shall be the duty of the several returning officers of said election to open a poll for and make returns to the Secretary of State of the number of legal votes cast at said election for and against said amendments; and if more than one be proposed, then the number of votes cast for and against each of them ; and if it shall appear from said election that a majority of the votes cast have been cast in favor of any amendment, the said amend- ment so receiving a majority of the votes cast shall become a l)art of the constitution, and proclamation thereof shall be made by the Governor." Adopted by the following vote : Yeas — Abner, Ballinger, Blassingame, Barnett, Brady, Cook of Gonzales, Cooke of San Saba, Cline, Douglas, Dohoney, Dunnam, Davis of Wharton, Erhard, Ferris, German, Holt, Henry of Limestone, Holmes, Haynes, King, Lynch, Martin of Navarro, Martin of Hunt, Moore, Murphy, Norvell, Nunn, Nugent, Pauli, Reagan, Robertson of Bell, Robeson of Fayette, Spikes, Sessions, Smith, Stockdale, Stayton, Whitehead, Weaver — P)9. Oct. 2, 1875.J CONSTITUTIONAL CONVENTION. 277 Nays — Allison, Abernathy, Arnim, Brown, Blake, Bruce, Crawford, Chambers, Cooley, Cardis, Dillard, DeMorse, Darnell, Davis of Brazos, Ford, Flournoy, Fleming, Henry of Smith, Johnson of Collin, Kilgore, Killongh, Lacy, McLean, Mitchell, McKinney, McCormick, Rentfro, Ross, Russell of Wood, Scott, Wade, Whitfield, West, Waelder— Stt. Mr. Pickett moved to strike out section 1 of the article under discussion. Mr. McCormick offered a substitute for the section as follows : " Section 1. The people of the State may call a Constitutional Convention at any time and in any manner that a majority of them may, l)y their voice expressed at the ballot box, desire ; and no laws shall be passed curtailing or preventing the exercise of this great inalienable right." Accepted by Mr. Pickett as a substitute for his motion. Mr. Flournoy ottered the following as a substitute for the entire article : "Article — . "Section 1. The Legislature shall, at the expiration of ten years, after tlie adoption of this constitution, submit for the action of the people the question of convention or no conven- tion, to reform, amend or altei' the constitution ; and unless a majority of the votes cast at an election on such question be in favor of a convention, no such convention shall be held; but the same question shall be submitted at the expiration of each ten years thereafter until the majority of the votes cast shall have been in favor of such convention. The mode of ascertain- ing the will of the people as above provided shall be prescribed by law ; but this shall not be construed to interfere with the right of the people to assemble in convention at any time when-, ever they so will it." Mr. Martin, of Navarro, proposed to amend the substitute by striking out " ten years" and inserting "twenty years." On motion of Mr. Holt, the main question was ordered. Question on Mr. Martin's (of Navarro) amendment put and amendment lost. Question on Mr. Flournoy's substitute for the article was put and lost. Mr. McCormick, by leave, withdrew his substitute, and the question on Mr. Pickett's motion to strike out the first section was ])ut and carried by the following vote: Yeas — Allison, Abernathy, Arnim, Abner, Blake, Blassin- game, Barnett, Brady, Crawford, Chambers, Cook of Gonzales, Cooke of San Saba, Douglas, Dillard, DeMorse, Darnell, 278 JOURNAL OF THE \Oct 2, 1875. Dunnam, Floiirnoy, Ferris, German, Holt, Henry of Limestone, Holmes, Haynes, Johnson of Collin, King, Kilgore, Lynch, McLean, Martin of JN^avarro, Martin of Hnnt, McKinney, McCormick, Norvell, Nugent, Pauli, Reagan, Ramey, Robeson of Fayette, Ross, Rnssell of Wood, Spikes, Scott, Sessions, Stockdale, Stay ton. Whitehead, Weaver, Whitfield — 49. Nays — Brown, Ballinger, Brnce, Cline, Cooley, Cardis, Dohoney, Davis of Brazos, Erhard, Ford, Fleming, Henry of Smith, Killoogh, Lacy, Mitchell, Moore, Murphy, Nunn, Rey- nolds, Robertson of Bell, Smith, Wade, West, Waelder— 24. ' Mr. Dohoney ottered the following as section 1 of the article : '"Section 1. The Legislature may, at any regular session, by a vote of two-thirds of ail the members of each house, ])ass a joint resolution, to take the sense of the qualitied electors of tlie State, at the next succeeding general election, upon the proposition to call a Constitutional Convention ; and if at such election a ma- jority of those voting vote in favor of calling a Constitutional Convention, the Legislature, at the next succeeding session, shall pass a joint resohition calling a Constitutional Convention, which convention, when it shall assemble, shall frame a constitution, and submit tlie same to a vote of the qualitied electors of tlie State for ratification or rejection ; and if a majority of those voting at such election shall vote in favor of the ratification of said constitution, it shall, l>y proclamation of the Governor, be declared the constitution of the State.'- Mr. DeMorse ottered the following as a substitute for Mr. Dohoney's substitute for section 1 : '•The Legislature, by a majority of all the members, shall have the power to suggest, and provide by appropriation, for a convention of the people, for the purpose of creating a new or- ganic law, and shall submit the proposition to a popular vote, and, a majority of the people approving, the succeeding Legis- lature shall, by a majority, recognize their will, and provide that no general election sliall be held until the convention shall have asseml)led, and pi'ovided therefor to suit the exigency ; but this section shall not be considered as in any degree questioning the sovereign right of the ])eople to assemble and create organic law, without authorization from any legislative body, and by such means as they may ])refer." Mr. Reagan moved to lay both substitutes on tlie table. Mr. Murphy moved to adjourn until 9 o'clock a. m. Monday. Lost. The question on laying the substitute on the table was put, and the substitute laid on the table by the following vote. : OcL 4, 1875.J CONSTITUTIONAL CONVENTION. 279 Yeas — Allison, Arnira, Abner, Blake, Blassingame, Bar- nett, Brady, Crawford, Chambers, Cook of Gonzales, Cooke of San Saba, Douglas, Dillard, Darnell, Diinnam, Davis of Brazos, Floiirnoy, Fleming, German, Holt, Henry of Lime- stone, Holmes, Haynes, Johnson ol Collin, King, Kilgore, Kil- longh, Lacy, Lynch, Martin of Navarro, Martin of Hunt, Mc- Kinney, McCormick, Murphy, Norvell, Nugent, Pauli, Reagan, Robeson of Fayette, Ross, Russell of Wood, Spikes, Scott, Ses- sions, Stayton, Whitehead, Weaver, Whitfield — 48. Nays — Abernathy, Brown, Ballinger, Bruce, Cline, Cooley, Cardis, DeMorse, Dohoney, Erhard, Ford, Ferris, Henry of Smith, McLean, Mitchell, Moore, Nunn, Ramey, Reynolds, Robertson of Bell, Smith, Stockdale, Wade, Waelder— 24. Mr. Cardis moved to reconsider the vote refusing to adopt the resolution augmenting the pay of pages. Passed over for the present. Mr. Robertson, of Bell, proposed to amend section 2, line — , after the word " votes," by inserting the words " of the State has been." Mr. Scott moved to adjourn until 9 o'clock Monday morning. Lost. Mr. Dohoney offered the following resolution : Resolved^ That Nat. Q. Henderson, who has rendered efficient service in the inception of the labors of this Convention, in assisting to make up the journals of this body for the first five days of its session, be allowed twenty -five dollars for his services ; and the certificate of the Secretary of the Senate, approved by the President, shall be sufficient for the Comptroller to draw his warrant for said amount. An amendment was oftered that the same shall be paid out of the salaries of those whom he assisted. On motion of Mr. Scott, the Convention adjourned until 9 o'clock A. M. Monday. TWENTY-FIFTH DAY. Hall of Representatives, Austin, Texas, October 4, 1875 .1 Convention met pursuant to adjournment ; roll called ; quorum present ; prayer by the Rev. Mr. Wright, of Austin. Journal of Saturday read and adopted. 280 JOURNAL OF THE {Oct 4, 1875. On motion of Mr. Whitehead, Mr. Dunnam was excused from attendance on the Convention for a few days. Mr. Reagan submitted a letter from J. Langston on the subject of crimes and punislnnents. Referred to the Committee on Crimes and Punishments. Also, a letter from John M. McDonald on the subject of school lands in Henderson county. Referred to the Committee on Counties and County Lands. Mr. Dohoney presented the memorial of S. G. W. Hiatt on the subject of woman sutfrage. Mr. Martin, of I^avarro, moved to reject the memorial. Mr. Martin, of Navarro, withdrew his motion, and Mr. Blas- singame renewed it. On motion of Mr. Dillard the main question was ordered, which being the rejection of the memorial, the same was put, and the Convention refused to reject by the following vote: Yeas — Allifton, Abernathy, Arnim, Abner, Brown, Blake, Blassingame, Barnett, Bruce, Chambers, Dillard, Dunnam, Davis of Wharton, Graves, Llolt, Henry of Limestone, Johnson of Col- lin, Killough, Lacy, Lynch, Martin of Navarro, McKinney, Moore, Murphy, Norvell, Ramey, Russ, Russell of Wood, Scott, Sessions, Smith, Wliitehead — 32. Nays — Ballinger, Brady, Crawford, Cook of Gonzales, Cooke of San Saba, Cooley, Cardis, Douglas, DeMorse, Dohoney, Dar- nell, Davis of Brazos, Erhard, Ford, Flournoy, Fleming, Ferris, German, Henry of Smith, Holmes, Haynes, King, Kilgore, McLean, Martin of Hunt, Mitchell, McCormick, Nunn, Nugent, Pauli, Reagan, Rol)ertson of Bell, Robeson of Fayette, Spikes, Stockdale, Stay ton, Wade, Weaver, Whitlield, West, Wael- der — 41. The memorial was referred to the Committee on Sutfrage. Mr. DeMorse, chairman of the Committee on Revenue and Taxation, submitted the following reports: To the lion. K. B. I*ich4t^ PreKident of the Convnifioa : The Committee on Taxation, to whose consideration was referred a proposed ordinance to relieve certain counties from taxation, on account of damages resulting trom flood and storm, direct me to report said ordinance back to the Convention, and express their ojiinion that the committee has no authority in the premises, and doubts the propriety of any action by the Conven- tion in this direction. To the lion. K. B. Piclctt^ President of the Convention : The Conjmittee on Revenue and Taxation, to which was referred a memorial from Bastrop county relative to pay of Oct. 4, 1875.] CONSTITUTIONAL CONVENTION. 281 Rangers, long- due, direct me to report tlie memorial back to the Convention, and snggest that the subject be referred to the first session of the Legislature under this constitution. Respectfully, Charles DeMorse, Chairman of Committee on Revenue and Taxation. Reports received. Mr. Cook, of Gonzalas, reported as follows : CoMMrrTEE Room, ) Austin, October 4, 1ST5. \ To the Hon. E. B. Pickett^ President of the Convention: Your Committee on Printing and Contingent Expenses, to whom was referred resolution authorizing and directing them to make a contract for printing one thousand copies of the consti- tution in tlie Bohemian language, have had the same under consideration, and have instructed me to report tlie same back to the Convention and recommend its adoption. W. D. S. Cook, Cliairman. Report adopted. Mr. Cardis ottered the foHowing resolution : Whereas, The frontier of this State is constantly depre- dated upon by armed bands of Indians and others ; and Whereas, The Democratic party of this State is solemnly pledged to the protection of this suffering people ; therefore, be it Besolve(L That the Committee on Revenue and Taxation be instructed to report a provision to be embodied in the constitu- tion of this State, removing taxation from this people for a cer- tain period of time, allowing the said amount to go to the protection of the frontier, the people thereof to be allowed the privilege of protecting themselves, with no other assistance from the State than the removal of said tax for the time specified. Referred to Committee on Revenue and Taxation. Mr. Ballinger ofiered the follow^ing resolution : Resolved^ That to aid in giving security to life and property on the coast of Texas, whenever any county, city or town shall expend, in good faith, for the construction of a permanent sea- w^all or breakwater on said coast the sum of ten thousand dol- lars, for every ten thousand dollars so expended the State of Texas will grant to said county, city or town certificates for sections of the vacant and unappro])riated public domain of the State, to be held or disposed of only as a trust for the further construction of said works. Referred to Committee on Municipal Corporations. 282 JOURNAL OF THE [Oe^. 4, 1875. Mr. Erhard offered the following resolution : Besolved, That the Legislature regulate the pardoning power, to-wit : All petitions for pardons shall be signed before the Dis- trict Clerk, who shall certity that the signatures are genuine ; that the pardon shall be signed, or granted, after investigating the merits of the case, by the (-rovernor and Attorney General, and attested l>y the Secretary of State. Referred to Committee on General Provisions. UNFINISHED BUSINESS AND BUSINESS ON THE TABLE I Eesolution to pay Nat. Q. Henderson, $25 for services ren- dered at the commencement of the session, taken up. Mr. Martin, of Navarro, withdrew his amendment, and the resolution was lost. The Legislative Departiiient again taken up. Mr. Robertson, of Bell, offered the following amendment: Insert in line — , after the word " votes," the words " of the State has been". Adopted. Mr. Fleming proposed to amend section 25, line 123, by strik- ing out after tlie word " of" the w^ords " compact and ". Adopted. Mr. Murphy offered the following additional sections : '""Article — . " MILITIA. "Section 1. The Legislature shall provide by law for organiz- ing, disciplining and arming the militia of this State, not incom- patible with the constitution and laws of the United States. " Sec. 2. No licensed minister of the Gosp.el shall be required to perform military duty. " Sec. 3. The Governor shall liave the power to call forth the militia to repel raiders." Mr. R(;agan moved to strike out section 3 of the amendment. Mr. Murphy, by leave, withdrew his amendment. Mr. Nunn called u]) his motion to reconsider the vote refusing to ado])t an amendment by Mr. Davis, of Brazos, to section 48, line 24(), viz : After "schools" add "and colleges and universities under the control of the State." Vote reconsidered. Mr. Flournoy offered the t'ollowing as a substitute for the amendment : Section 48, line 240 J, " To raise no mor^than forty thousand Oct. 4, 1875.] CONSTITUTIONAL CONVENTION. 283 dollars (in the ago^regate) to be ap]iliecl to the completion of the State As^ricnltural and Mechanical Colleo-e/' Mr. DeMorse ottered the following" snbstitnte for the amend- ment and sulistitute : "• Section 48, line 240, after ''schools '' add "and the mainte- nance and support of the Agricultural and Mechanical College of Texas." Mr. Flournoy accepted the same as a substitute for his amend- ment. Mr. Ballino-er moved to substitute the amendment as follows : Add to line 24S the w^ords "and maintenance and support of the Agricultural and Mechanical College of the State." Accepted by Mr. DeMorse. Mr. JJoiioney proposed to amend the amendment by adding " and such other colleges, universities and luirmal schools as !nay be established by huv." Lost. Mr. Norv^ell proposed to amend the amendment by striking out the words " maintenance and support," and insert "completion and repair." Lost. Mr. Stayton (jU'ered to amend as follows : Add after the word " schools," in line 246, the following words: "inwliich shall be included colleges and universities established by the State." Adopted. And Mr. DeMorse's amendment adopted. Mr. Weaver moved to reconsider the vote I'efusing to adopt Mr. Dohoney's substitute to section 1, article — , mode of amend- ing the constitution. Mr. German moved to reconsider the vote adopting Mr. De- Morse's amendment to section 48, line 246. On motion of Mr. Flournoy the pending question was post- poned until to-day week. Mr. P'lournoy's resolution to amend the rules relating to the yeas and nays w^as taken up and lost. Mr. Mills's resolution on the same subject was taken up and lost. Mr. Martin's (of Navarro) report as chairman of Committee on Agricultural and Stock-raising, reporting a resolution and section — on the subject of a fence law, was taken up and referred to the Committee on General Provisions. The report of the Committee on Executive Department, with article — , taken up. 284 JOURNAL OF THE {Oct. 4, 1875. Mr. Flemino^ otfered the followinoj amendmeDt : Amend section 1 by striking out in line 4 the words " and Superintendent of Pul)lic Instruction."* Adopted. Mr. Russell, of Wood, proposed to amend by striking out in lines 2 and 3 the words " Lieutenant Governor." Lost. Mr. West proposed to amend by striking out of lines 6 and 7, section 2, the words " except Secretary of State."" Lost. Mr. JS^orvell proposed to amend as follows : Add to section 3 the words '^ in joint session." Adopted. Mr. AVhitlield proposed to amend section 4, line 26, by strik- ing out " two" and inserting "four." The yeas and nays were called upon the amendment, and the Convention adopted the amendment by the following vote: Yeas — Abernathy, Arnim, Al>ner, Brown, Blake, Ballinger, Blassingame, Cook of Gonzales, Cardis, DeMorse, Dohoney, Dunnam, Davis of Brazos, Davis of Wharton, Erhard, Ford, Fleming, Ferris, Henry of Smith, Johnson of Collin, Kilgore, Killough, Lacy, Lynch, Martin of Hunt, Mitchell, McCormick, Moore, Mui'ph}^, Pauli, lleagan, Ramey, Reynolds, Robertson of Bell, Robeson of Fayette, Ross, Spikes, Scott, Smith, Stock- dale, Stayton, Whitfield, Waelder— 43. Nays — Allison, Barnett, Brady, Bruce, Crawford, Chambers, Cooke of San Saba, Cooley, Douglas, Dillard, Darnell, Graves, Holt, Henry of Limestone, Holmes, Haynes, King, Martin of Navarro, McKinney, Norvell, Nugent, Russell of Wood, Ses- sions, Wade, Whitehead, Weaver, West — 27. Mr. Kilgore offered tlie following amendment : Section 4, line 28, strike out " six " and insert " eight." Adopted. Mr. Waelder proposed to amend as follows : Insert " he shall not be eligible for more than two terms in succession, in lieu of the words commencing "he," in line 27, to " years," in line 28. Mr. Martin, of Navarro, moved to reconsider the vote adopt- ing Mr. Kilgore's amendment. Lost. The Convention adjourned, pending Mr. Waelder's amend- ment. Oct. 4, 1875.J CONSTITUTIONAL CONVENTION". 285 EVENING SESSION— 2i o'clock. Convention metpnrsnant toadjourninent ; roll called ; quorum present. Question pending when the Convention adjourned, viz : Mr. Waelder's amendment again taken up and lost. Mr. Brown moved to amend by striking out " Thursday," in. section 4, line 24, and insert " Monday." Lost. Also amend by inserting " shall " between " and " and " have," in line 29, section 4. Adopted. Mr. Johnson, of Collin, moved to amend by striking out " $5000 " and insert " $4000 " in section 5, line 32, as salary of the Governor. Mr. Wade moved to insert " $3000 " in gold. Lost. Mr. German moved to amend by striking out " $5000 " and inserting 'S$3000." Lost. Mr. Kilgore proposed to amend by inserting "$4500." The yeas and nays were called upon the question of the adop- tion of the amendment, and the Convention refused to adopt the amendment by the following vote : Yeas — Abner, Brown, Ballinger, Cooke of San Saba, Doug- las, Dillard, Erhard, Henry of Smith, Kilgore, Moore, Reagan, Whitfield— 12. Nays — Allison, Abernathy, Arnim, Blake, Blassingame, Bar- nett, Brady, Bruce, Crawford, Chambers, Cook of Gonzales, Cooley, Cardis, DeMorse, Dohoney, Darnell, Davis of Brazos, Davis of Wharton, Ford, Flournoy, Fleming, Ferris, German, Graves, Holt, Henry of Limestone, Holmes, Haynes, Johnson of Collin, King, Killough, Lacy, Lynch, McLean, Martin of Na- varro, Martin of Hunt, Mitchell, McKinney, McCormick, Mur- phy, Norvell, Nugent, Pauli, Ramey, Reynolds, Robertson of Bell, Robeson of Fayette, Ross, Russell of Wood, Spikes, Scott, Sessions, Smith, Stockdale, Stayton, Wade, Whitehead, Weaver, West, Waelder— 60. The question recurring on Mr. Johnson's (of Collin) amend- ment, the yeas and nays were called, and the amendment was lost by the following vote : Yeas — Allison, Abernathy, Arnim, Abner, Barnett, Brady, Bruce, Chambers, Cook of Gonzales, Darnell, Flournoy, Fleming, Graves, Holt, Henry of Limestone, Holmes, Haynes, Johnson 28iJ JOURNAL OF THE [Oct. 4, 1875. of Collin, Killoiigh, Lacv, Lynch, McLean, Martin of Navarro, Martin of Hunt, Mitchell, McKinncy, Nngent, Panli, Ramey, Eobertson of Bell, Russell of Wood, Spikes, Scott, Wade, Weaver —35. Xays — Brown, Blake, Ballinj^i^er, Blassino^anie, Crawford, Cooke of San Sal>a, Cooley, Cardis, Donglas, Dillard, DeMorse, Dohoney, Davis of Brazus, Davis of Wharton, Erhard, Ford, Ferris, German, Henry of Smith, King, Kilgore, McCormick, Moore, Murphy, Nor veil, Reagan, Reynolds, Robeson of Fayette. Ross, Sessions, Smith, Stockdale, Stayton, Whitehead, Whitfield, West, Waelder — 37. Mr. Nugent proposed to amend the salary of Governor by striking out $5000 and inserting $3500. Mr. McCormick moved to lay the amendment on the table. The yeas and nays were called and the amendment laid on the table by the fullow^ing vote : Yeas — Abernathy, Abner, Brown, Blake, Ballinger, Cook of Gonzales, Cooke of San Saba, Cooley, Cardis, Douglas, Dillard, DeMorse, Dohoney, Darnell, Davis of Brazos, Davis of Wharton, Erhard, Ford, Flournoy, Ferris, Henry of Smith, Henry of Lime- stone, King, Kilgore, Killough, Lynch, Martin of Navarro, McCormick, Moore, Murphy, Norvell, Reagan, Robeson of Fay- ette, Ross, Sessions, Smith, Stockdale, Stayton, Whitehead, Wea- ver, Whitfield, West, Waelder— 43. Nays — Allison, Arnim, Blassingame, Barnett, Brady, Bruce, Crawford, Chambers, Fleming, German, Graves, Holt, Holmes, Haynes, Johnson of Collin, Lacy, McLean, Martin of Hunt, Mitchell, McKinney, Nugent, Pauli, Ramey, Reynolds, Robert- son of Bell, Russell of Wo«jd, Spikes, Scott,' Wade — 26. Mr. German moved to reconsider the vote refusing to adopt Mr. Johnson's (of Collin) amendment to strike out $5000 and insert $4000. On motion of Mr. Scott the main question was ordered and the vote was reconsidered. The qnestion recurring on the adoption of the amendment, the yeas and nays were called, and the amendment adopted by the following vote : Ykas — Allison, Al>ernathy, Arnim, Abner, Brown, Blassingame, Barnett, Burleson, Bi-ady, Bruce, Chandlers, Cook of Gonzales, Darnell, Davis of Wharton, Flournoy, Fleming, German, Graves, Holt, Henry of Limestone, Holmes, Ilaynes, Johnson of Collin, Killough, Lacy, Lynch, McLean, Martin of Navarro, Martin of Hunt, Mitchell, McKinney, Nugent, Pauli, Ramey, Reynolds, Oct. 5, 1875.J CONSTITUTIONAL CONVENTION. 287 Reiitfro, Robertson of Bell, Robeson of Fayette, Russell of Wood, Spikes, Scott, Sessions, Wade, Weaver — 44. Nays — Blake, Ballinger, Crawford, Cooke of San Saba, Cooley, Cardis, Douglas, Dillard, DeMorse, Dohoney, Davis of Brazos, Erharcl, Ford, Ferris, Henry of Smith, King, Kilgore, McCor- mick, Moore, Murphy, ]S"orvell, Nunn, Reagan, Ross, Smith, Stockdale, Stayton, Sansom, W^hitehead, Whitfield, West, Wael- der— 32. Mr. Martin, of Navarro, oifered the following amendment : Section 4, strike out all between the words " installed,'' in line 27, and ''he," in line 28. Adopted. Mr. Crawford proposed to amend section 5, as follows : ' " He shall receive no fees or perquisites or extra compensation for the performance of any duties connected with his olhce." Lost. Mr. Henry, of Smith, oifered the following amendment : Add after the word '' move," in line 32, the words " until otherwise provided by law." Lost. Mr. Murphy offered the following amendment : Section 7, line 44, amend by adding after the word " inva- sion," the words " and raiders from the Mexican Republic." Lost. Mr. Stayton offered the following amendment : Add to section 7, after the word '* invasion," in line 44, the following, " by troops under the direction or control of other States or governments, or by predatory bands therefrom." On motion of Mr. Robertson, of Bell, the Convention ad- journed until 9 o'clock a. m., to-morrow, pending Mr. Stay ton's amendment. TWENTY-SIXTH DAY. Hall of Representatives, ) Austin, Texas, October 5, 1875. j Convention met pursuant to adjournment ; roll called; quorum present ; prayer by Rev. Willian'i Brush, D. D. Journal of yesterday read and adopted. On motion of Mr. Davis, of Brazos, A. T. McKinney, delegate elect from the Fifteenth District, to fill the vacancy 'occasioned by the resignation of Mr. Goddin, came forward, presented his 288 JOURNAL OF THE [Oct. 5, 1875. credentials, took the prescribed oath and his seat in the Con- vention. Mr. Reagan, Chairman of the Committee on Jndiciary, re- ported back a resohition declaring defaulters felons, and asked that it be referred to the Committee on Crimes and Punish- ments. Referred as asked. Also reported back a memorial of the citizens of Wilson county, and asked that it be referred to the Select Committee on Apportionment. Referred as asked. Mr. Scott submitted a njemorial from the bar and citizens of the counties of Harrison, Gregg, Cass, Bowie and Wood, relative to the necessity of taking action in reference to certain railroads in this State. Referred to Committee on Railroad Corporations. Mr. Waelder, from the Committee on Immigration, submitted the following minority report and article : To the Hon. E. B. Pickett^ President of the Convention : The undersigned, dissenting from the report of the majority of the Committee on Immigration, begs leave to submit the accom- panying article for the consideration of the Convention : While I am free to concede that the Immigration Bureau has not accomplished, to the extent anticipated, the purpose of its establishment, I am yet of the opinion that the effort to induce immigration to our young State should not be given up. It will scarcely be disputed that many, if not all parts of Texas need population — men with strong arms and ready hands to till her soil and engage in the varions industrial pursuits which will reward the lal^orer for his work, to whatever branch of business he may turn his attention. Neither can it be denied that our State offers facilities to the classes indicated, equal to any that are offered by any other section of the country. It is as true, that in relation to the soil, climate and pro- ductions, the agricultural, mineral and other resources of the different sections of the State, but little is known abroad ; at least there is not that general knowledge which the emigrant from other States and countries would desire to have before selecting this as a new home. If, then, we desire immigration, should we not furnish infor- mation (►f the advantages which the State offers to the settler within its limits i Is it not right that the State should publish this information in some authentic form i With this view and for this purpose I recommend the estab- OcL 5, 1875.J CONSTITUTIONAL CONVENTION. 289 lishment and maintenance of a Biirean of Agricnltnre, Statistics and Immigration, by which the desired information can be gathered, compiled and disseminated, and through the means of which immigration may be drawn to our ]>orders. Xot only wonld the information thus furnished l)e important to the seekers of new homes from other States and counti'ies, but it would also be of gi'eat service to the present citizens and in- liabitants of this State, giving them more complete and more accurate knowledge than they now have of the populations, pro- ductions, capacities, and resources of the ditferent sections. It is true that ]»rivate enterprise has done much to impart knowledge of the subjects mentioned ; but who can doubt tliat tlie same and more extended information, coming from a public officer, by auth«)i'ity of the State, would be regarded as more re- liable, and therefore more acceptable? The expense of tliis bureau would be trifling, as compared with what other States, or even individuals and associations of individuals, have done and are doing in the same direction. A bureau of the cliaracter recommended would simply require, in addition to a chief, and pi'oljablv TU)t more than one clerk, an appropriation for stationery, printing and postage, and the occa- sional employment of an agent for a limited time to attend to specilic duties pertaining to tlie effi.cient workings of the system. With the greatest desire to administer the affairs of the State in the most economical manner, the comparatively trifling sum required would be more than re])aid b}' the knowledge which the system would impart to the citizens of the State, to say nothing of the advantages which would flow from the increase of popu- lation, adding to our material wealth, importing and creating property for taxatioi-. If all sections of tlie State do not need, or desire, increase of population, there are other sections whose prosperity would be enhanced thereby. In justice to them, and for the general advantage of the whole State, I ask that some plan ma}' be inaugurated which will pro- duce the results indicated. Without entering into further detail, I sul>mit this minority report, and respectfully ask its favorable consideration by the Convention. Jacob Waelder, Of the Committee on Immigration. "Article — . " actKiculture, statistics and immigration. *' Section 1. The Legislature shall provide for the establish- 18 290 JOURNAL OF THE \OcL 5, 1875. meiit, maintenance and support of a Bureau of Agriculture, Statistics and Immigration, which bureau shall be charged with the gathering, publishing and dissemination of correct statistical information as to the pupulation, productions, industrial and agricultural capacity, mineral and other resources of the differ- ent sections of, and by that and such other means as maj^ be pro vided by law, encourage immigration to this State; provided,, that the average of appropriations per year for the above pur- poses shall not exceed the sum of thousand dollars." On motion of Mr. Moore, one hundred copies of the report and article were ordered printed. Mr. Ford, chairman of Committee on State Affairs, reported as follows : Committee Room, ) Austin, October 4, 1875. f To the lion. E. I], Ptckeit^ President fjf the Convention: The Committee on State Affairs, to which was referred the memorial of the widow and lieirs of the late W. A. Smith, have had the same under consideration, and instruct me to report the accompanying section, and recommend that it be adopted by the Convention as a part of the new constitution. John S. Ford, Chairman. "Sec. — . The Legislature; shall make provision by law to have all claims and demands justly and lawfully due by the existing State government, or by any of its predecessors, arid wdiich shall be presented within one year from a date specified by law, and not thereafter, either adjudicated or audited; jjro- videdj that such claims and demands have not heretofore been either adjudicated or audited ; ernd^ provided alm^ that said claims and demands originated prior to the 28th day of Jan- uary, 1861, or sul>sec[uent to the 5th day of August, 1865 ; and that they are not in contravention of the constitution and laws of the United States ; and all claims and demands not so pre- sented sliall be and remain forever barred." Mr. Moore offei-ed the following ns )lution : llesolved^ That when, in considering any of the articles of t];e constitution as reported, amendments are offered, which affect such articles as may not yet be rejKjrted by the suitable commit- tee, said amendments shall be referred without debate to said committee. Laid over under tlie rules. The Convention then proceeded to. consider the unfinished business, viz": Mr. Stay ton's amendment to Executive Article. OfiL 5, 1875.] CONSTITUTIONAL CONVENTION. 291 Mr. Kilgore proposed t ^LiiiSection 7, acid after thei woifd /Viiivasioii/' line 44,; the words if* jwhether by arniies or bj bands of lawless men,,'^ > i,, ip. .;,;,.; Pending discussion on the amendment, the hoiir ayriypil for the special order, viz 5 The article on education.: 1 ., r.' 1 ^tA^vw \f. /.On motion of Mr.- Whitfield, the special order was postponed until Friday next at 10 o'clock a. m. The Convention proceeded with th^ ^ijsi.der;a.tion .of the^^pend- ing subject, Mr. Kilgore's substitute,;;^, nj^ •. '|,, ^^>[ntir> Jnotv/h-iO : MLost;/- ;;.:■■, i .;..vj;-;;:i '].; -iVijO Ji--iri;:V5 .y:if«)ii* 1^ I :-:i^\f.-A] Mr. Baliinger : offered i Ihi^. foUp^arig; * lags ; ;a mib&tituite fcfij = Jtke .amendment::;' .-s-vAi/U ';=.•/■>;'!■■/!>•/" ..->;.,1 .;:-;::■!':/• .m-/:-:-,;!;/! ,'i** It shall be tlie duty of the Legislature to i provide by law for the protection of the frontier fron] armed incnrsions and bands of robbera, and for calling f(irth,thft.militiafQr,ttiat,.pp:ppse.." Lost. .-'inlOV'i' :•> '* I'f'iHlH \){\H *' M^rj"!'?;^; !> '' b'T-lV^ Mr. King offered the following as a. substitute for Mr. Stay- !t€»n's amendment: i: t ;: . : " Sec. 1. In line 44 strike out the word !' and "i and add the following words, " and protect the frontier from hostile incursions by Indians or other predatory bands;^ /..!Mt;in;j/no it> ijjofe r:>iit jj-; Accepted bj^ Mr. Stay ton. ^-: 1 On the question of the amendment the yeas and pays were called, and th« amendment adopted by the following vote :, :, ; YEASr-Abner, Browfi, Ballinger, Blassingame, Barnett, Burle- son, Brady, Bruce, Crawford, Chambers, Cook of Gonzales, Cooke of San Saba, Cooley, Cardis, Dillard, DeMorse, Doho- ney^ Darnell, Davis of Brazos, Erhard, Ford, Flournoy, Flem- ing, Ferris, Gaither, Graves, Henry of Limestone, Holmes, Haynes, Johnson of Collin, King, Kilgore, Killongh, Lockett, Lynch, Mitchell, McKinney of Walker, McOormick, Moore, iMurphy, Nugent, Pauli, Reynolds, Rentfro, E^jss, Spikes, Smith, [^tpckdale, Stayton, Whitfield^ West, Waelder~52, >,:.,;. Nays— Allison, Abernathy, Arnim, Blake, Douglas, Ger- man, Holt^ Henry of Smith, Johnson of Franklin, Lacy, Martin of Navarro, Martin of Hunt, Mills, McKinney of Denton, Nor- vell, Nunn, Reagan, Ramey, Robertson of Bell, Robeson of Fayette, Russell of Wood, Scott, Sessions, Sansom, Wade, :^hitehead. Weaver— -27. 7,1 \.,v-^^v. ri \^:^!^nv. /-inc,;- ; Mr.^cott moved to reconsider the vote takeq on yesterday re- fusing to strike out of section 1 the words >^ Lieutenant Governor." * j^j^ Lost by the talhiwbig vote;v/oilni ■.A\ btyiJlio okbi^oiS .iM 292 JOURNAL OF THE {Oct. 5, 1875. Yeas — Abner, Blassiiigame, Barnett, Brady, Bruce, Chambers, Cook of Gonzales, Davis of Wliarton, Flonrnoy, Fleming, Ger- man, Gaither, Graves, Holt, Haynes, Johnson of Franklin, Johnson of Collin, Lockett, Lynch, Martin of Navarro, Martin of Hunt, Mills, Mitcliell, McKinney of Denton, McCormick, Murphy, Pauli, Re3'no](lj^, Kentfro, Rol)ertson of Bell, Robeson of Favette, Ross, Russell of Wood, Spikes, Scott, Wade, Weavei-, Whitfield— 38. Nays — Allison, Al erna^hy, Arnim, Brown, Blake, Ballinger, Crawford, Cooke of ban Sa1)a, Cooley, Cardis, Douglas, Dillard, DeMorse, Dohoney, Darnell, Davis of Brazos, Erliard, Ford, Ferris, Llenry of Snnth, Henry of Limestone, Holmes, King, Kilgore, Killough, Lucy, McKinney of Walker, Moore, Norvell, Nunn, Nugent, Reagan, Ramey, Sessions, Smith, Stockdale, Stayton, Sansom, Whitehead, West — 40. Mr. Kilgore proposed to strike out of section 8, line 47, the word ''disease" and insert ''epidemic." Mr. Davis, of Brazos, piv)posed to amend as follow^s : Section 8, strike out the balance of the secjtion after the word "place" in line 40, and insert: " Should tlie casualties of war, or the prevalence of contagious di!?eases, render it unsafe to meet at the seat of government." Lost. Mr. Kilgore's amendment lost. Mr. Ballintrer offered the followino; amendment : Add to section 8, '' and shall not continue in session longer til an thirty days." Mr. Waelder otfered the following amendraont : Strike out all after the word "convened," in line 49, to the end of the section. Adopted. Mr. Crawford offered the following amendment : Strike out all after " convened," in line 50, and insert: " Until they have taken final action theieon. Nor shall they afterward enter ujkhi any legislation, except it be to meet the exigencies which necessitated the conveninp; of the Leirislatnre in extra ses- sion. The Governor shall convene no extraordinary session f tr a longer period than thii-ty days." Lost. Mr. Dohoney moved to amend by striking out section 14, as the same w-as provided for, and properly l)elonged to article — , " Legislative Department." Lost. Mr. Stockdale otfered the following amendment : Oct. 5, 1875.] CONSTITUTIONAL CONVENTION. 'J03 Strike out of section Itt all after the word " adjournment," in line 110, and insert the following: " If any bill, except the gen- eral appropriation bill, containing appropriations for more than one object be ])resented to the Governor, he shall return it, for that reason, to the house in which it originated without his approval, if the Legislature be in session ; if not, then to the State Depart- ment, as heretofore provided." Lost. Mr. Nugent pro[)oscd to strike out " will," in line 99, and in- sert ^'shail." Adopte/J. Mr. Flournoy proposed to amend section 14 as follows : Strike out of lines 109 and 110 the words: "and give notice thereof by proclaniatiun ;" and the words: "and make procla- mation of the same,'' in line 124. Lost. Mr. Mills moved to amend section 17, after the word " more," in line 157, " except mileage.'' Withdrawn, Mr. Brown offered the following amendment: Section 17, lines 156 and 157, strike out the words "Speaker of the House of Representatives," and insert " members of the Senate." Adopted. Mr. Waelder proposed to strike out all of section 17 after the word " office," in line 163. Adopted. Mr. Pauli offered the following amendment : Strike out, in line 160, all after the words " no more," down to and including the words "his office," in line 163. Lost. Mr. Waelder offered the following amendment : Strike out the three first lines to and including the word " and " in line 4 of section 17. Adopted. Mr. Murphy i)roposed to amend by striking out of line 169 the word "and" and inserting the word "or," and strike out "they" and insert "he." Adopted. Mr. Scott offered the following amendment: Section 19, strike out down to the word " the " in line 175, and insert the following : " There shall be a seal of the State, which shall be kept by the Governor and used by him officially." 294 -MTV-jn JOQRNAI^ QF THEr; o:; [CV/^ 5, 11875.. Mr. Martin, of Hunt, oifered the following amendment j I sfiii Amend section 18 by insertingitbe. woi:€l n mayj'n l^ef-qria: the> word "succeed " in line l^Oii-voK) -jiiu?] r>:>:in:.i-:;'Uj -xl i-j-j:!.; i-ii?' Adopted.ifi tifufitiv/ h'.>.ti;i"fi;2i"H> ,li rk)iii// lu tja/n.-if 'hIi J Mr. Brady proposed to amend section 21 by striking out all after the word " State,'' in line 180, down to and including the word "elect," in line 182, and insert " who shall be elect^ by the qualiHed voters of the State for a term of four yearsJ'l .i\f Lost. . i.ii.ii; " ;•';.!. .V. :,; ■.'■■■{ ^,-;'\'[ ■':^-\-r: Mr. Mills prc^posed to amend by striking out '^' |2QO0v • iaindj-iRTi serting "$1800 " as the salary of Secretary ot State.)!; i... ft.'»it.!sn! Lost. j.'.'jli Mr. Allison proposed to amend as follows : ;•;/ '^,'' Section 21, line 188, add after the words " $2000 " „tke woi'ds^ " $500," so as to read '' $2500 and no more." .ir^fmlnUVN On motion of Mr. Russell, of Wood, laid 6n the: table '-by the following vote : ' Yea-S — Abernathy, Arnim, Abner, Brown, Blassingame, Bar- nett, Burleson, Brady, Bruce, Chambers, Cook of Gonzales^- Cooke of San Saba, Douglas, Dillard, DeMorse, Dohouey, Dar- nell, Davis of Brazos, Erhard, Ford, Flournoy, Fleming, Ferris, German, Gaither, Graves, Holt, Henry of Limestone, Holmes, Haynes, Johnson of Franklin, Johnson of Collin, Lockett, Lacy, Lynch, Martin of Navarro, Martin of Hunt, Mills, Mitchell, McKinney of Denton, McKinney of Walker, McCormick, Moore, Murphy, Nugent, Pauli, Ramey, EeynoldB, Rentfro, Robertsbni: of Bell, Robeson of Fayette, Russ, Russell of Wood, Spikes, Scott, Sessions, Smith, Sansom, Wade, Weaver, Whitiield— 61. Nays— Allison, Blake, Ballinger, Crawford, Cooley, Hemi'y of Smith, King, Kilgore, Norvell, Nunn, Reagan, Stockdalejii Stayton, Whitehead, VV^est, Waelcler— 16. I, ,;;,:•' Mr. Whitfield proposed to amend section 22, Hue IS^^itij^stiiik- ing out ^' two " aind inserting " fouivn-.i-ftr imi; ''Imik*' I'-uyi/ oiit Lost. " ' )T^;i^i ' '• '■ V'uh '' Mr. Scott moved to reconsider the vote taken on yestevdR3t;jS^x- tending the tenure of office of the Governoit tb four yearej .-iM .Mr. Davis, of Brazos, moved to adjouruio yHii^trt ,/U nuijo^)^^ Lost. ; ;j!if7,M)(M)'!" "!^:* j'!');-!ff! \i\y. On motion of Mr. Stockdale a ct^Ui oil ItU/g; 0oiiiiveintloEi.;W!i^ or- dered. ".Ylliiiyffto m\d Y/f bp^J/ hna lorn^vof) Oct. 5, 1875.] CONSTITUTIONAL CONVENTION. 295 Mr. German rnov^ed to suspend the call. Lost. Roll called. Absentees — Messrs. Cline, Cardis, Ford, Flanagan, Henry of Limestone, Killongh, Lynch, Mills. Mr. Murphy moved to excuse Mr. Cardis. Carried. Messrs. Lynch, Mills and Killough appeared and answered. On motion of Mr, Rentfro the call was suspended. On motion of Mr. WhitMeld the Convention adjourned to 2^ oVlock, ])ending Mr. Scott's motion. EVENING SESSION— 2i o'clock. Convention met ; roll called ; (juoruni present. Mr. McKinney, of Walker, was added to the Committees on General Provisions and Crimes and Punishments, on motion of Mr. Mills and Mr, Russell, of Wood, respectively. Question pending when the Convention adjourned — viz., Mr. Scott's motion to reconsider — taken up. On motion of Mr. Scott, the consideration of the motion was passed for the present. Mr. Martin, of Navarro, moved to reconsider the vote amend- ino;the article in reo-ard to the seal of the State. Carried, and amendment lost. Mr. Ramey moved to reconsider the vote refusing to adopt the amendment increasing the salary of the Secretary of State. Mr. Flournoy proposed to amend section 22 by inserting after the word " party," in lines 191 and 192, the following : " And shall especially inquire into the charter rights of all private corporations, and from time to time, in the name of the State, take such action in the courts as may be proper and neces- sary to prevent any private corporation from exercising any powder, or demanding or collecting any species of tax, toll, freight or wharfage, not authorized by law ; and shall, whenever sufficient cause exists, seek a judicial forfeiture of such charters, unless othejw^ise expressly directed by law." Adopted. Mr. Moore proposed to amend by adding to the section : ''''Provided^ That the fees which he may receive shall not amount to more than $2,000 annually." Adopted. Mr. Darnell proposed to amend section 23, line 200, by striking out the word " four," and inserting ^' two." Adopted by the following vote : 296 JOURNAL OF THE {Oct. 5, 1875. Yeas — Allison, Aberiiatliy, Abner, Brown, Blake, Blassin- game, Burleson, Brady, Bruce, Crawford, Chambers, Cook of Gonzales, Cooke of San Saba, Cooley, Douglas, Dillard, Do- lione}', Darnell, Davis of AVliarton, Flournoy, Ferris, German, Graves, Holt, Holmes, Haynes, Johnson of Franklin, Johnson of Collin, Lacy, Martin of Navarro, Martin of Hunt, Mills, Mitchell, McKinney of Denton, McKinney of Walker, Murphy, Norvell, Nugent, Pauli, Reagan, Reynolds, Rentfro, Robeson of Fayette, Russell of AVood, Scott, Sessions, Sansom, AVade, Whitehead, Weaver, West — 51. Nays — Arnim, Ballinger, DeMorse, Davis of Brazos, Erhard, Ford, Fleming, Gaither, Henry of Smith, Henry of Limestone, King, Kilgore, Killough, Lockett, Lynch, Moore, Ramey, Rob- ertson of Bell, Ross, Spikes, Smith, Stayton, Whitfield. Waelder —24. Mr. German proposed to amend section 23, line 201, (salaries of Treasurer, Comptroller, and Commissioner of Land Office), by striking out " $2,500," and inserting '^ $2,000.'' Mr. Reagan moved to strike out '^ $2,500," and insert " $3,000." Lost by the following vote : Yeas — Blake, Ballinger, Cooley, DeMorse, Erhard, Gaither, Henry of Smith, Holmes, King, Lynch, McKinney of Walker, McCormick, Reagan, Robertson of Bell, Smith, Stockdale, Stay- ton, Sansom, Weaver, West, Waelder — 2L Nays — Allison, Abernath_y, Arnim, Abner, Brown, Blassin- game, Barnett, Burleson, Bruce,. Crawford, Chambers, Cook of Gonzales, Cooke of San Saba, Douglas, Dillard, Dohoney, Dar- nell, Davis of Brazos, Davis of Wharton, Flournoy, F^leming, Ferris, German, Graves, Holt, Henry of Limestone, Haynes, Johnson of Franklin, Johnson of Collin, Kilgore, Killough, Lockett, Lacy, Martin of Navarro, Martin of Hunt, Mills, Mitchell, McKinney of Denton, Moore, Murphy, Norvell, Nu- gent, Pauli, Ramey, Reynolds, Rentfro, Robeson of Fayette, Ross, Russell of Wood, Spikes, Scott, Sessions, Wade, White- head, Whittield— 55. Mr. Cooley offered the following as a substitute for ^lie amend- ment : Strike out the word " receive," in line 200, and insert the fol- lowing therefor : " The Comptroller of Public Accounts shall receive an annual salary of four thousand dollars, and the Treasurer and Commis- sioner of the General Land Office each." On motion of Mr. Holt, the substitute was laid on the table. Oct 5, 1875.J CONSTITUTIONAL CONVENTION. 29*/ Mr. Martin, of Navarro, moved to lay tlie amendment offered by Mr. German on the table. Carried by the foHowing vote : Yeas — Allison, Abernathy, Arnim, Abner, Brown, Blake, Ballinger, Burleson, Cook of Gonzales, Cooke of San Saba, Car- dis, Douglas, Dillard, DeMorse, Dohoney, Darnell, Davis of Brazos, Erhard, Ford, Flournoy, Ferris, Gaither, Holt, Henry of Smith, Henry of Limestone, Holmes, Haynes, King, Kilgore, Lacy, Lynch, Martin of Navarro, Martin of Hunt, McKinney of Walker, McCormick, Moore, Murphy, Norvell, Reagan, Ramey, Robertson of Bell, Robeson of Fayette, Ross, Spikes, Sessions, Smith, Stockdale, Stayton, Sansom, Whitehead, Weaver, Whitfield, West, Waelder— 54. Kays — Blassingame, Barnett, Brady, Bruce, Crawford, Cham- bers, Cooley, Fleming, German, Graves, Johnson of Franklin, Johnson of Collin, Killough, Lockett, McLean, Mills, Mitchell, McKinnev of Denton, Nugent, Pauli, Reynolds, Rentfro, Rus- sell of Wood, Scott, Wade-~25. Mr. Stayton offered to amend by striking out the words '' and no more," in section 28, line 201, and insert " until otherwise provided by law." On motion of Mr. Graves the amendment was laid on the table. Mr. Scott called up his motion to reconsider the vote taken yesterday lixing the tenure of office of the Governor at four years, and the vote was reconsidered. The question on the adoption of the amendment to strike out " two " and insert "four" was then put, and the amendment lost by the following vote : Yeas — Arnim, Ballinger, Cardis, DeMorse, Davis of Brazos, Erhard, Ford, Fleming, Ferris, Gaither, Henry of Smith, Henry of Limestone, Kilgore, Killough, Lynch, McCormick, Moore, Murphy, Ramey, Robertson of Bell, Robeson of Fayette, Ross, Spikes, Smith, Stayton, Whitfield, Waelder — 27. Nays — Allison, Abernathj^, Abner, Brown, Blake, Blassin- game, Barnett, Burleson, Brady, Bruce, Crawford, Chambers, Cook of Gonzales, Cooke of San Saba, Cooley, Douglas, Dillard, Dohoney, Darnell, Flournoy, German, Graves, Holt, Holmes, Haynes, Johnson of Franklin, Johnson of Collin, King, Lockett, Lacy, McLean, Martin of Navarro, Martin of Hunt, Mills, Mitchell, McKinney of Denton, McKinney of Walker, Norvell, Nugent, Pauli, Reagan, Reynolds, Rentfro, Russell of Wood, Scott, Sessions, Stockdale, Sansom, Wade, Whitehead, Weaver, West— 52. , , , , , 29S JOURNAL OF THE {Oct, 5, 1875. Mr. Dohoney moved to reconsider the vote adopting the amendment striking out a portion of lines 27 and 28, sec- tion 4. Carried, and the Convention refused to strike out the lines. Mr. Whitlield proposed to amend section 4, line 28, by strik- ing out the words " at least thirty years ot age " and insert ^' a qualified elector." Lost bv the followino: vote : Yeas — Brown, Brady, Crawford, Diliard, Davis of Wharton, Ford, Fleming, Kilgore, Martin of Navarro, Martin of Hunt, McCormick, Norvell^Pauli, Rentfro, Whitfield— 15. Nays — Allison, Abernathy, Arnim, Abner, Blake, Ballinger, Blassinganie, Barnett, Burlson, Bruce, Chambers, Cook of Gon- zales, Cooke of San Saba, Cooley, Douglas, DeMorse, Dohoney, Darnell, Davis of Brazos, Erhard, Flournoy, Ferris, German, Gaither, Graves, Holt, Henry of Smith, Henry of Limestone, Holmes, Haynes, Johnson of Franklin, Johnson of Collin, King, Killough, Lockett, Lacy, Lynch, McLean, Mills, Mitchell, McKin- ney of Denton, McKinney of Walker, Moore, Murphj^ Nugent, Reagan, Ramey, Reynolds, Robertson of Bell, Robeson of Fay- ette, Ross, RusGell of Wood, Spikes, Scott, Sessions, Smith, Stockdale, Stayton, Sansom, Wade, Whitehead, Weaver, West, Waelder — 64. Mr. Murphy ofifered the following amendment : Section 24, line 219, insert between the words " be " and " guilty '' the words " removed from ofiice and adjudged." Adopted. Mr. Stockdale proposed to amend the amendment just adopted as follows : Strikeout in lines 210 and 220 all after "perjury," and insert " and so adjudged and punished accordingly and removed from ofiice." Adopted. Mr. Scott yjroposed to amend section 24, line 218, by inserting between the words '' shall " and " make," the word '* wilfully." Adopted. Mr. Murphy offbred the following amendment : Section 2H, line 228, insert between the words "county" and " who," the words " not to exceed six." Mr. Brady proposed to substitute the amendment as follows: Amend section 26, by adding : " Provided not more than two shall be appointed in each justice's precinct." Lost, and amendment lost. Mr. Brady moved to reconsider the vote by which " Superin- ar<. 6, r8.75;J CONSTITUTIONAL CONVENTION. 209 teudent of Public Instruction" was stricken out of section 1, lines 4 and 5; Lost by the following vote : Yeas — -Brown, Ballinger, Barnett, Brady, Crawford, Cooley, Cardis, Dillard, DeMorse, Dohoney, Davis of Brazos, Davis of Wharton, Erhard, Ford, Ferris, Henry of Smith, King, Kilgore, Lockett, Martin of Hunt, Mills, Mitchell, McKinney of Walker, McCormick, Moore, Pauii, Keynolds, Rentfro, Smith, Whitfield, West, Waelder— 32. Nays — Allison, Abernathy, Arnim, Abner, Blake, Blassin- game, Burleson, Bruce, Chambers, Cook of Gonzales, Cooke of San Saba, Douglas, Darnell, Flournoy, Fleming, German, Gaither, Graves, Holt, Henry of Limestone, Holmes, Haynes, Johnson of Franklin, Johnson of Collin, Killough, Lacy, Lynch^ McLean, Martin -of Navarro, McKinney of Denton, Norvell, Nugent, ReagaiijEamey, Robertson of Bell, Robeson of Fayette, Russell of Wood, Spikes, Scott, Sessions, Stockdale, Stayton, Sansom, Wade, Whitehead, Weaver — 46. Mr. Brown moved to adjourn until 9 o'clock a. m. to-morrow. ii<}0ipriedrv.;HjiiKvL.i^ v iHlii /JJtMii;- ynj; if! 0:')iWlri>^n this most im- portant subject. Said report, under the pretext of declining to impose upon the people of this State any additional burden in the way of taxa- tion, in effect, by the present abolition of the present system of immigration, and its reconimendation that no other system be inaugurated, by decreasing the number of immigrants, will cause an increase of taxation. But it is contended that many immigrants, attracted by the salubrious climate, fertile soil, and the many advantages which attend a residence in Texas, will come within (.)ur borders with- out the outlay upon the part of the State of any money, and without receiving from the peo|)le thereof any assistance in coming hither. The undersigned would submit that although moved by vari- ous considerations as above, many itnmigrants in the course of time may become citizens of the State, yet he regards it as a most mistaken and short-sighted policy upon the part of this Con- vention to refuse to provide for the establishment and efficient maintenance of an immigration bureau, for the reasons that al- though much may be accomplished in the building up of the for- tunes of our State by individual efforts, yet it is an incontrovert- al)le fact that a well sustained and efficient effiirt inaugurated and carried out under the supervision of the State inevitably ac- complishes much more in attaining the desired end. ]^y individual effort we may perhaps partial)}^ carry out the wishes of the ])eople ; l)y coml)ined effort we }n(tst certmnly will. It is ])resumed that no mendier of said committee seriously be- lieves that it would not greatly redound to the interests of our State, and the interests of every individual citizen thereof, if an efficient bureau of immigration could be maintained. Believing that no one will seriously dispute this to be the fact, the under- signed insists tfhat, therefore, the grounds of objection to such an establishment and maintenance must be those which are pre- Oct 6, 1875.J CONSTITUTIONAL CONVENTION. 801 sented by a mistaken idea of economy and the inefficiency ot former systems. As to the argnment of economy, the undersigned believes that to put in immediate and practical operation an immigration bu- reau wonld require a present outlay with no immediate prospect of reimbursement, yet that eventually tlie fruits of the industry of the numerous inimigrants thereby induced to become citizens of our State would, in the matter of taxable property alone, largely repay to the people of this State the advances made. He submits that the plea of pm^erty, as advanced by the majority report, is one unvmrthy of the im])ortant subject concerning which said report is made. That by increasing our population we increase our wealth; that the idea that innuigrants will till our broad prairies and till the thousands of acres which as yet are contributing nothing to the support of our State, is a mistaken one, if no effort is made to induce their coming; he believes the argument of poverty to l)e untenable, in view ofthe great good to be accomplished by a moderate outlay. In so far as it is agreed that the failure or i^artial failure of former systems to carry out the ideas of the advocates of an im- migration bureau should warn us that no practical good can arise from an immigration bureau, the undersigned would sub mit, that the fact that any given idea or proposition niay have been abused, does not alone and can not constitute a fair argu ment against its use. He insists that a fair trial of an immigra- tion bureau has never been had in this State. It is further contended that, by offers of homesteads, etc., a better class of people will be induced to come among us than would come under the aid-system sought to be devised. The argument is not a good one in view of the fact that, in order to obtain these homes, so generously offered by the State, the immi- grant must take up his abode on the frontier, (if he wishes lands fertile,) and live in daily, h{uirly danger of losing his property, his or his family's lives, because of hostile forays by savages. That no sufficient number can be induced thus to expose them- selves to such imminent peril, to render assistance to each other, or induce any feeling of security. By the establishing of an aid-system, the hard-working and oppressed toilers of Europe could be induced to pour themselves into our State, and along our exposed frontier, in such numbers that our frontier would soon be the boundary line of our State. The immigrants we may possibly receive from older States in the Union will necessarily be few in number, because those States 302 JOURNAL OF THE [(9^/. 6, 1875. have also inducements to go to the far West, and because those States have, comparatively to Europe, but a small surplus of population. Therefore, it is to the old world that we mu^t look for : the people who, in the future, are to rebuild the State and place her in the rank of the States, in that position to which,' i^ij-yirtue of her vast area, she is justly entitled, :;:•!::• The undersigned believ^es that it is contrary to the true policy of this State to discouraoje immio-ration, in view of the fact that every other State government of the West has established, and still maintains, an efficient system, to which is due their present prosperity; and he believes that Texas e«/i not^ in justice to her- self, fail in this important particular. The undersigned, in view of the above, respectfully differing with the majority of said committf^e, submits the above as a minority report in the premises, and urges the adoption of the accompanying article. . > iQ,; lEiigABt). ^ ^* Article — . u/ i;i ..;.:;; ii:i: ''Immigration. .vmIju.! oIkj-iImhh " Section 1. There shall be a bureau knuwn as the "' Bureau of Immigration," which shall have supervision and control of all matters connected with immigration. The head of this bureau shall be styled the "Superintendent of Immigra:tion." .i.He sliall be appointed by the Governor, by and with the: consent of the • Senate, lie shall hold office for four years; and, until other- wise provided by law, shall receive a salary of, tW:0 thousand dollars per annum. He shall have such powers and duties con- nected with immigration as may be required by law. " Sec. 2. The Legislature shall have power to appropi-iate pait of the ordinary revenue of the State for the pur}.>ose of pro- moting and protecting immigration, and for the maintenance of said bureau, under such rciiulations as may be i)rovided bv law." On motion of Mr. Erhard, one hundred copies; of i the: report and article ordered printed. -/!! !:«!i; (/»ni'i:>i Mr. Russell, of Wood, offered the following resojutioj) : . -\\\ Whereas, The history of men and nations prove thatithe credit system has been th<3 cause of bankruptc}' and tinaneial ruin ; : •,,.,. -.-,:;h:!i ; And WHEREAS, The Judiciary Department of our StH/te gov- ernment has been grievously op})ressive, partly by taxing honest, prompt paying citizens to su])port courts to litigate suits between men who are not governed by principle; ! ; ,/ - n: And whereas, A very large and respectable ix>i'tion=Qflthe citizens of Texas demand that the credit system be, abolished, Oct. 6, 1875.] CONSTITUTIONAL CONVENTION. 308 and that tlie prompt payment system be established ; therefore, £e it ordained hij the people of Texas^ in Convention assem- hled^ Tliat no debts contracted two years after the ratification of this constitntion shall be collected by law. Keferred to the Committee on State Aliairs. The Convention then proceeded to consider unfinished busi- ness, viz : Article — , " Executive Department." Mr. Eamey called up his motion to reconsider the vute referring to increase the salary of Secretary of State. The motioii was lost. Mr. Graves moved to strike out secti<.)n 26. Lost. Mr. Nugent proposed to amend by inserting after '* compensa- . tion" the words " and mileage." Adopted. Mr. Moore ])roposed to amend by adding to the end of section 1, after the words "Attorney General,'* " and the Legislature may provide for the election of Superintendent of Public Instruction whenever there may be established a s^'stem of free public schools." Lost by the following vote: Yeas — Ballinger, Brady, Crawford, Cook of Gonzales, Cline, Cooley, Cardis, Dillard, DeMorse, Dohoney, Davis of Brazos, Erhard, Ferris, Flanagan, Gaither, Henry of Smith, Henry of Limestone, King, Kilgore, Lockett, Martin of Navarro, Martin of Hunt, Morris, Mitchell, McKinney of Denton, McKinney of A¥alker, McCormick, Moore, Nunn, Pauli, Reynolds, Rentfro, Robeson of Fayette, Stockdale, Stay ton, Sansom, Whitehead, West, Waelder-— 38. Nays — Allison, Abernathy, Arnim, Abner, Blake, Blassin- game, Barnett, Burleson, Bruce, Chambers, Cooke of San Saba, Doughis, Darnell, Flournoy, Fleming, German, Graves, Holt, Holmes, Haynes, Johnson of Franklin, Johnson of Collin, Kil- lough. Lacy, Lynch, McLean, Mills, Murphy, Norvell, Nugent, Reagan, Ramey, Robertson of Bell, Ross, Russell of Wood, Spikes, Scott, Sessions, Wade, Weaver. — 41. Mr. Sanson offered the following amendment : Section 24, line 216, strike out " may be required by the Governor under oath," and insert " shall be given under oath." Lost. Mr. Sansom moved to reconsider the vote just taken. Lost. Mr. Mills offered the following amendment : '" Sec. 2. There shall be a Superintendent of Public Instruc- 304 JOURNAL OF THE \Oct. 6, 1875. tion, wlio, after the first term of office, shall be elected by the people; the first term of office shall be tilled by appointment of the Governor, by and with the advice and consent of the Senate. The Su})erintendent shall hold his office for the term of two years; he shall receive an animal salary of $2500 until other- wise provided by law." Laid on the tal)le by the following vote : Yeas — Abernathy, Arnim, Blake, Blassingame, Barnett, Burleson, Brnce, Chambers, Cook of Gonzales, Cooke of San Saba, Cardis, Douglas, Dillard, Darnell, Davis of Brazos, Flour- noy, Flennng, German, Gaither, Graves, Holt, Henry of Lime- stone, Holmes, Haynes, Johnson of Franklin, Johnson of Collin, Lynch, McLean, Martin of Navarro, Martin of Hunt, McKinney, Murphy, Nurvell, Nugent, Reagan, Ramey, Rol)ertson of Bell,- Robeson of Fayette, Ross, Russell of Wood, Spikes, Scott, Ses- sions, Stockdale, Sansom, Wade, Whitehead, Weaver, Whitfield. —49. Nays — Allison, Brown, Ballinger, Brady, Crawford, Cline, Cooley, DeMorse, Dohoney, Davis of Wharton, Erhard, Ferris, Flanagan, Henry of Smith, King, Kilgore, Lockett, Lacy, Mor- ris, Mills, Mitchell, McCormick, Moore, Nunn, Pauli, Reynolds, Rentfro, Smith, Stayton, West, Waelder— 32. Mr. Douglas pi-oposed to strike nut "mav" and insert "shall," in section 2L, line 216. Adopted. The article was ordered to be engrossed and read third time. UNFINISHED BUSINESS. The reports of the majority and minority of Committee on Suffrage were taken up. Mr. Weaver offered the following amendment: Amend section 2, liue 21, by adding: ''and provided that female heads of families may vote in all elections for distrir^t school officers." Lost. Mr. Chambers proposed to strike out all in lines 13 and l-i from the word "vote" in line 13 to the word " election " in line W, Mr. Sansom offered the following ms a substitute for Mr. Chambers' ameiubnent : Amend section 2 bv insertino* after the word "county," in line 14, the words "f)r school pur])Oses," and by inserting same words after the word " county," in line 21. On motion of Mr. xMHson,the Convention adjourned, pending the amendment and substitute. Oct. 7, 1875.J CONSTITUTIONAL CONVENTION. 305 EVENING SESSION— 2^ o^clock. Convention met pursuant to adjournment ; roll called ; quorum present. Question pending on adjournment — viz., Mr. Chambers' amendment to section 2, lines 13 and 14, article — , " Suffrage," with the substitute olfered by Mr. Sansom — again taken up. Mr. Reagan offered the following as a substitute for both prop- ositions, viz. : Amend section 2 by striking out of lines 13 and 14 the words "all poll taxes" and inserting "the last poll taxes." And amend section 3 by striking out of lines 24 and 25 the words "all taxes" and inserting "the last taxes." [Mr. Brown in the Chair.] On motion of Mr. McKinney, of Walker, the Convention ad- journed until 9 o'clock a. m. to-morrow. TWENTY-EIGHTH DAY. Hall of Eepresentatives, \ Austin, Texas, October 7, 1875. j Convention met pursuant to adjournment ; roll called ; quorum present ; prayer by Rev. Mr. Groety, of Austin. On motion of Mr. Martin, of Navarro, Mr. McCormick was excused from attendance on the Convention for two days. On motion of Mr. Reynolds, Mr. Abner was excused from at- tendance on the Convention for one week from to-morrow. On motion of Mr. Cook, of Gonzales, Mr. Playnes was ex- cused from attendance on the Convention until Tuesday next. Mr. McKinney, of Walker, at his request, was excused from at- tendance on the Convention for three days, commencing to- morrow. Journal of yesterday read and adopted. Mr. Russell, of Wood, offered the following amendment to the rules : Amend the last clause of rule 11 by striking out "fifteen min- utes" and insertino; "five minutes." IJ nfmished business again taken up, viz : " Article — , Suf- frage," with pending amendments. Mr. Wade offered the followinp; amendment : 20 306 JOURNAL OF THE [Oct 7, 1875. Add to section 2 the followino- : ^'Provided, said tax shall never exceed two dollars per an- num ; and shall be applied exclusively to school purposes." [Mr. Darnell in the chair.] Mr. Sanson! withdrew his amendment. Mr. Moore oifered the following amendment : Strike out all after the word '' vote," in line 13, down to and including the word " election," in line 14, and insert therefor the following : " And who, in addition thereto, shall, three months l)efore said election, have paid all poll taxes due by him to the State and county six months immediately preceding ; jrrovided^ however, that no receipt therefor shall be required as a precedent to vote." Lost. Mr. Flanagan moved tx^ lay Mr. Reagan's amendment on the table. Carried by the following vote : \eas — Abernathy, Arnim, Abner, Brown, Blake, Ballinger, Blaseingame, Barnett, Burleson, Brady, Bi'uce, Chambers, Cook of Gonzales, Cooke of San Saba, Cline, Coole}^ Cardis, Douglas, DeMorse, Darnell, Davis of Brazos, Davis of Wharton, Ford, Flournoy, Ferris, FJanagan, (irerman, Henry of Limestone, Johnson of Franklin, Johnson of Collin, Lockett, McLean, Mar- tin of Navarro, Martin of Hnnt, Morris, Mills, Mitchell, McKin- ney of Denton, McKinney of AValker, Norvell, Pauli, Kamey, Beynolds, Ilentfro, Russell of Wood, Spikes, Scott, Sessions, Sansom, Wliitehead, Weaver, West — 52. Nays — Allison, Crawford, Dillard, Dohoney, Erhard, F'leming, Gaither, Graves, Holt, Henry of Smith, Holmes, King, Kilgore, Killough, Lacy, Lyn(;h, Moore, Murphy, Nugent, Reagan, Rob- ertson of Bell, Robeson of Fayette, Smith, Stockdale, Stayton, Wade, Whitfield, Waelder— 28. Upon calling the roll, Mr. Ross stated that he had paired off with Mr. McCormick, Mr. Ross voting yea and Mr. McCormick nay. Mr. Waelder oliered the following amendment : Insert in line 13 the word " vote," then following, " and who in addition thereto shall have paid all State and county taxes assessed against him for the year preceding said election." A motion to lay the amendment on the table was carried by the following vote : (Mr. Ross again paired off with Mr. McCormick, Mr. Ross voting yea and Mr. McCormick nay.) Yeas — Allison, Abernathy, Arnim, Abner, Brown, Blake, Oct. 7, 1875.J CONSTITUTIONAL CONVENTION. 307 Blassino^ame, Barnett, Burleson, Brady, Bruce, Chambers, Cook of Gonzales, Cooke of San Saba, Cooley, Cardis, Douglas, De- Morse, Dohoney, Darnell, Davis of Brazos, Davis of Wharton, Ford, FlonrnoY, Ferris, German, Gaither, Plenry of Limestone, Johnson of Franklin, Johnson of Collin, Lockett, Lacy, Lynch, McLean, Martin of Hunt, Mills, Mitchell, McKinney of Denton, McKinney of Walker, Moore, Norvell, Ramey, Reynolds, Rent- fro, Russell of Wood, Spikes, Scott, Sessions, Sansom, White- head, Weaver, West — 52. Nats — Ballinger, Crawford, Cline, Dillard, Erhard, Flemino;, Flanagan, Graves, Holt, Henry of Smith, Holmes, King, Kil- gore, Killough, Martin of Navarro, Morris, Murphy, Nugent, Pauli, Reagan, Robertson of Bell, Robeson of Fayette, Smith, Stockdale, Stayton, Wade, Whitfield, Waelder— 28! Mr. Dohoney ottered the following : Amend section 2, line 14, by striking out the words " before said election," and insert the words '* wliich have accrued since the adoption of the present constitution." Also in line 21, strike out the words "before said election," and insert " which have accrued since the adoption of the present constitution." On motion of Mr. Johnson, of Collin, laid on the table. Mr. Kilgore moved to adjourn until 9 o'clock a. m. to-morrow. Lost. Mr. Flanagan moved the previous cpiestioii. The President ruled that the previous question was the engross- ment of the article. Mr. Flanagan then withdrew his motion for the previous question. Mr. Norvell offered the following as a substitute for section 2 : " Section 2. Every male person subject to none of the fore- going disqualifications, who shall have attained the age of twenty-one years, and who shall be a citizen of the United States, and shall liave resided in this State for one year next preceding an election, and the last six montlis within the dis- trict or county in whicli he otters to vote, shall be deemed a qualified elector; and every male person of foreign birth subject to none of the foregoing disqualifications, who, six months before an election, shall have declared his intention to become a citizen of the United States in accordance with the Federal naturaliza- tion laws, who shall have resided in this State one year next preceding such election, and the last six months in the district or county in which lie ofiers to vote, shall also be deemed a qualified elector. Should any qualified elector happen to be in 308 JOURNAL OF THE \OcL 7, 1875. any other county than that of his residence, situated in the dis- trict in which he resides at the time of an election, he shall be permitted to vote for district officers; provided^ that the qnali- lied electors shall be permitted to vote anywhere in the State for State officers- Adopted by the folio wins: vote: Yeas -Allison, Aberirathy, Arnim, Abner, Brown, Blake, Balliui^er, Blassino-ame, Bariiett, Burleson, Brady, Bruce, Craw- ford, Chambers, Cooke of San Saba, Cooley, Cardis, Douglas, Dillard, DeMorse, Darnell, Davis of Brazos, Davis of Wharton, Erhard, Ford, Flournoy, Ferris, Flanagan, German, Gaither, Graves, Holt, Henry of Limestone, Johnson of Franklin, John- son of Collin, Lockett, Lacy, McLean, Martin of Navarro, Mar- tin of Hunt, Morris, Mills, Mitchell, McKinney of Denton, McKinney of Walker, Moore, Norvell, Pauli, Kamey, Eeynolds, Eentfro, Ross, Ilnssell of Wood, Spikes, Scott, Sessions, Smith, Sansom, Whitehead, Weaver, West-— 6L ;^^YS— Cook of Gonzales, Cline, Dohoney, Fleming, Henry of Smith, Llolmes, King, Kilgore, Ivillough, Lynch, Murphy, Nugent, Reagan, Robertson of Bell, Robeson of Fayette, Stock- dale, Stayton, Wade, Whittield, Waelder— 20. On motion of Mr. West, the Convention adjourned until 2^ o'clock. EVENING SESSION— 2i o'clock. Convention met pursuant to adjournment ; roll called ; quorum present. The question pending on adjournment, viz : Mr. Whitfield's amendment, taken u]) : Amend section 2, line 16, by striking out " six months " and inserting the words " who at any time." Mr. Cook, of Gonzales, offered the following as an amendment to the pending amendment : " The Legislature may, nevertheless, pass laws recpiiring every voter, before voting at any election, to produce to the officers of the election satisfactory "evidence of his having paid all such poll taxes as may be "due by him, for such time before such election as may be ])rescribed by law, and ])rescribe the ruies of evidence of such payment." Mr. Whitfield's amendment adojited. Mr. Llussell, of Wood, moved to lay Mr. Cook's (of Gonzales) amendment on the table. The yeas and nays being called, the amendment was laid on the table by the following vote: J Oct. 7, 1875.] CONSTITUTIONAL CONVENTION. 309 Yeas — Al)ernathy, Ariiim, Abner, Blake, Ballinger, Blas- singaiiie, Barnett, Bradv, Brace, Chambers, Cooke of San Saba, Cooley, Cardis, DeMorse, Darnell, Davis of Wharton, Flonrnoy, Ferris, Flanagan, Gertnan, Graves, Henry of Limestone, John- son of Franklin, Johnson of Collin, Killongh, Lockett, LacA^ McLean, Martin of Navarro, Martin of Hnnt, Mitchell, McKin- ney of Denton, McKinney of Walker, ]N^()rvell, Panli, K-amey, Reynolds, Rentfro, Ross, Russell of Wood, Scott, Sessions, San- son!, Whitehead, Weaver — 4L Nays — Allison, Burleson, Crawford, Cook of Gonzales, Doug- las, Dillard, Dohoney, Erhard, Fleming, Gaither, Henry of Smith, Holmes, Kilgore, Lynch, Morris, Moore, Murphy, Nunn, Nugent, Reagan, Robertson of Bell, Robeson of Fayette, Smith, Stockdale, Stay ton. Wade, Whittield, Waelder— 2S! Mr. Kilgore offered the following amendment : Strike out the word " Federal " in line 18, section 2. Lost by the following vote: Yeas — Allison, Abernathy, Crawford, Dillard, DeMorse, Ford, Fleming, Kilgore, Killongh, Lynch, Murphy, Reagan, Robertson of Bell, Ross, Scott, Stockdale, Whitlield — 17. Nays — Arnim, Abner, Blake, Blassingame, Barnett, Burleson, Brady, Bruce, Chambers, Cook of Gonzales, Cooke of San Saba, Cooley, Douglas, Dohoney, Darnell, Davis of Wharton, Flonrnoy, Ferris, Flanagan, German, Gaither, Graves, Holt, Henry of Smith, Henry of Limestone, Holmes, Johnson of Franklin, Johnson of Collin, Lockett, McLean, Martin of Na- varro, Martm of Hunt, Morris, Mills, Mitchell, McKinney of Denton, Moore, Nor veil, Nunn, Nugent, Pauli, Ramey, Rey- nolds, Rentfro, Robeson of Fayette, Russell of Wood, Sessions, Smith, Stayton, Sansoni, Wade, Whitehead, West, Waelder — 55. Mr. Stockdale proposed to amend as follows : Amend by striking out all that refers to voting out of the county of the residence of the voter. Lost. Mr. Crawford offered the following amendment to section 1 : Amend section 1 by adding: "All persons between the ages of twenty-one and fifty years, who shall have failed to pay a poll-tax of two dollars, which shall have been levied and assessed for educational purposes in a manner prescribed by law, for six months and within two years next before the election at which he offers to vote." Mr. Martin, of Navarro, moved to lay the amendment on the table. Carried by the following vote : 310 JOURNAL OF THE [Oa. 7, 1875. Yeas — Abernathy, Ariiiin, Abner, Blake, Ballinger, Blas- singame, Barnett, Burleson, Brady, Bruce, Chambers, Cook of Gonzales, Cooke of San Saba, Cline, Cooley, Cardis, Doug- las, DeMorse, Darnell, Davis of Wharton, Flournoy, Flanagan, German, Gaither, Graves, Holt, Henry of Smith, Henry of Limestone, Johnson of Franklin, Johnson of Collin, Lockett, Lacy, McLean, Martin of Navarro, Martin of Hunt, Morris, Mills, Mitchell, McKinney of Denton, Norvell, Pauli, E-eagan, Ramey, Reynolds, Rentfro, Ross, Russell of Wood, Spikes, Scott, Sessions, Smith, Sansom, Wade, Whitehead, Weaver, West — 56. Nays — Allison, Crawford, Dillard, Dohoney, Erliard, Flem- ing, Ferris, Holmes, King, Kilgore, Killough, Lynch, Moore, Murphy, Nunn, Nugent, Robertson of Bell, Robeson of Fayette, Stockdale, Stayton,' Whitfield, Waelder—22. Mr. Crawford offered the following amendment : Amend section 1, line 4, sub-division 4, by striking out all after the woi-d " bribery," and insert "■ perjury, forgery, arson, rape, or robbery.-' Adopted. Mr, Abernathy offered the tullowing amendment : Amend section 3, in line 24, by striking out all after the word "city," in line 24, to the word "shall," in line 26. Mr. Flournoy offered the following as a substitute for sec- tion 3 : " Every qualified elector in this State, who shall have resided for twelve months next preceding any election at which he may (.►ffer to vote, in any incorjjorated town or city, shall be entitled to vote at elections held in such incorporated town or city." The question on the adoption of the substitute being submit- ted, the yeas and nays were called, and the substitute adopted by the following vote : Yeas — -Arnim, Abner, Brown, Blake, Blassingame, Baruett, Brady, Bruce, Crawford, Chambers, Cooley, Cardis, Dillard, Darnell, Davis of Brazos, Davis of Wharton, Ford, Flournoy, Ferris, Flanagan, Graves, Henry of Smith, Llenry of Limestone, Holmes, Johnson of Franklin, Johnson of Collin, Kilgore, Lock- ett, Liicy, Lynch, Martin of Navarro, Martin of Hunt, Mills, Mitchell, McKinney of Denton, McKinney of Walker, Norvell, Pauli, Ramey, Reynolds, Rentfro, Russell of Wood, Scott, Ses- sions, Whitehead, AVeaver — 46. Nays — A]lis(.)n, Abernathy, Ballinger, Burleson, Cook of Gon- zales, Cooke of San Saba, Cline, Douglas, DeMorse, Dohoney, Erhard, Fleming, Gaither, Holt, King, McLean, Morris, Moore, Murphy, Nunn, Nugent, Reagan, Robertson of Bell, Robeson of Od. 7, 1875.J CONSTITUTIONAL CONVENTION. 311 Favette, Ross, Spikes, Smith, Stockdale, Staj^ton, Sansom,Wade, Whitfield, West, Waelder— 34. Mr. Crawford offered the following amendment : Amend section 2, line 12, by adding after the word " county " the words '' city or town,'' and in line 19, by adding after the word "county " the w^ords '' city or town,'' and strike out all of section 3. Mr. West offered the following substitute for Mr. Crawford's amendment : " Provided^ That in elections for the creation of debt for the improvement of such town or city, or for other purposes, tax- payers only shall vote." Mr. DeMorse offered the following substitute for the amend- ment and substitute: " Provided^ that in elections for the creation of debt for the improvement of such town or city, or for other purpose, free- holders and householders and tax-payers on property only shall vote." Lost, and Mr. West's and Mr. Crawford's amendments lost- Mr. Moore offered the following amendment : Strike out in line 3, section 1, ''all inmates of State asylums," Adopted. Mr. Ballinger offered the following amendment : Section 3, add : " Providai that all elections by which any tax shall be imposed, or debt incurred, shall be confined to electors who are assessed for a tax imposed on property, or for a license in said city." Mr. Waelder offered the following substitute for the last amendment : Add to section 3 : ''^Provided that in elections for the creation of debt for the improvement of such town or city, or for other purposes, such electors only as pay a tax upon city property, or a license tax upon some regular business, shall vote." Lost by the following vote : Yeas — Allison, Abernathy, Blake, Cook of Gonzales, Cooke of San Saba, Douglas, Davis of Brazos, Erhard, Ford, Flem- ing, Gaither, Holt, Henry of Limestone, Holmes, Killough, Lacy, McLean, Murphy, Nugent, Keagan, Stockdale, Sansom, Wade, Whitfield, West, Waelder— 26. Nays — Arnim, Abner, Brown, Ballinger,Blassingame, Barnett, Burleson, Brady, Bruce, Crawford, Chambers, Cline, Dillard, DeMorse, Darnell, Flournoy, Ferris, Flanagan, German, Graves, Henry of Smith, Johnson of Franklin, Johnson of Collin, Kilgore, Lockett, Lynch, Martin of Navarro, Martin of Hunt, Morris, 312 JOURNAL OF THE [Oa. 8, 1875. Mills, Mitchell, McKinney of Walker, Moore, Korvell, Nunn, Paiili, Ramey, Reynolds, Rentfro, Robertson of Bell, Robeson of Fayette, Ross, Russell of Wood, Spikes, Scott, Sessions, Smith, Stayton, Whitehead, Weaver — 50. The question then recurring upon the adoption of Mr. Bal- ling«r's amendment, Mr. Flanagan moved to lay it upon the table. Carried by the following vote : Yeas — Allison, Abernathy, Arnim, Abner, Brown, Blake, Blassingame, Barnett, Burleson, Brad}^, Bruce, Crawford, Cham- bers, Cook of Gonzales, Cooley, Cardis, Dillard, Darnell, Davis of Brazos, Davis of Wharton, Ford, Ferris, Flanagan, Graves, Henry of Smith, Henry of Limestone, Holmes, Johnson of Franklin, Johnson of Collin, Kilgore, Killough, Lockett, Lacy, Lynch, Martin of Navarro, Martin of Hunt, Mills, Mitchell, McKinney of Denton, Norvell, Pauli, Ramey, Reynolds, Rent- fro, Robertson of Bell, Robeson of Fayette, Ross, Russell of Wood, Scott, Sessions, Smith, Wade, Whitehead, Weaver. — 54. Nays — Ballinger, Cooke of San Saba, Cline, DeMorse, Dohoney, Erhard, F'lournoy, Fleming, German, Gaither, Holt, King, McLean, Morris, McKinney of Walker, Moore, Murphy, Nunn, Nugent, Reagan, Spikes, Stockdale, Stayton, Sansom, Whitfield, West, Waelder— 27. On motion of Mr. Cardis, the Convention adjourned until 9 o'clock A. M. to morrow. TWENTY-NINTH DAY. Hall of Representatives, ) Austin, Texas, October 8, 1875. ( Convention met j)ursuant to adjournment ; roll called ; quorum present ; prayer by the Rev. Mr. J. S. Groety, of Austin. Journal of yesterday read and adopted. Mr. Sansom presented the memorial of the citizens of Lam- pasas county, relative to the sale of liquor. Referred to the Committee on General Provisions. Mr. Blassingame submitted the memorial of the citizens of Denison, asking that Justices of the Peace in Denison be em- powered to issue writs of sc(|uestration and attachment. Referred to Judiciary Committee. Mr. Reagan submitted the following report : Oct 8, 1875.] CONSTITUTIONAL CONVENTION. 313 CoMMrrTEE RCK.)M, I Austin, October 7, 1875. j To the Hon. E. B. Picl:ett^ President of the Convention : The Committee on the Jncliciary have Instructed me to report to the Convention that in the discharge of their duties in pre- paring their report on the Judiciary article, they were brought to the consideration of a section providing for the removal from office of Judges of the Supreme and District Courts, and in this connection, in some measure, to the consideration of the subject of impeachment. The subject of impeachment is provided for in the present and former constitutions of Texas in a separate article in these con- stitutions, and the Judiciary Committee suppose that the duty of preparing this article was not intended to be devolved upon jt. Nor does it appear that this subject or the subject of the division of the powers of government, has been referred to the consideration of any one of the standing connnittees. And the Judiciary Committee instruct me to suggest these facts, and to recommend that an additional standing committee be appointed to take into consideration the subjects of the division of the powers of government and of im[)eachments and removals from office. To this end, under the instruction of the committee, I submit the accompanying resolution, and recommend its passage. John H. Reagan, Chairman. liesolved, That a standing committee of live be appointed to take into consideration and report on an article in relation to the division of the powers of government, and another in relation to impeachments and removals of the higher officers of the State from office. Report and resolution adopted. Mr. Fleming submitted for Mr. McKinney, of Walker, the following : " AN ARTICLE TO REGULATE THE RESIDENCE OF CONVICTS TO THE PENI- TENTIARY. '^ Article — . The Legislature may provide by law that convicts to the penitentiary shall not reside w^ithin the county in which the penitentiary is located in w^iich they may have served their term of imprisonment, after the expiration of said term, unless such convicts resided in said county at the time of their conviction and sentence." Referred to Committee on Penitentiary. Mr. Brow^n offered the following resolution : Whereas, There is reason to believe that man}^ and danger- 314 JOURNAL OF THE [Oa. 8, 1875. ous frauds and furgeries have been coniniitted within the past few years in relation to headright certificates, bounty warrants and other claims to land ; therefore, I^esolved, That the Committee on the Judicial Department be instructed to inquire if there sli<>uld not be such a modifica- tion in the rules of evidence as to guarantee greater assurance of justice in the trial of such cases; and that, in this connection, they are also requested to make inquiry into the manner and authority by which bounty warrant No. 2692, for 1250 acres, issued to Charles Baker, was withdrawn from the General Land Ottice in the year 1871. Referred to the select committee of seven on land titles. On motion of Mr. McCabe, Mr. Reynolds was excused for two days, commencing to-morrow. Unfinished business again taken up, viz : '' Article — , Suf-, frage." Mr. Norvell offered the following amendment : Substitute for section 1. '' Section 1. The following persons shall not be allowx'd to vote in this State, to-wit : Persons under twenty-one j^ears of age, idiots, lunatics, paupers supported by any county, persons con- victed of bribery, perjury, forgery, rape or robbery, soldiers, sea- men or marines in the army or navy of the United States. Lost. Mr. Dohoney offered the following amendment : Section 1, line 6, insert "seanjen" after " marines.'" Adopted. Mr. West offered the following as a substitute for section 4 : *' Sec. 4. In all elections by the people the vote shall be by ballot, and the Legislature shall provide for the numbering of tickets, and make such other regulations as may be necessary to detect and punish frauds and preserve the purity of the ballot- box ; and in elections by the Senate and House of Representa- tives, jointly or separately, the vote shall be given viva voce, ex- cept in the election of their officers." Mr. Crawfbrd ])r()p()sed to amend the amendment by adding: " l>ut no law shall ever be enacted requiring a registration of the voters of this State." Acce])ted by Mr. We^t as a part of his amendment. The h()ur having arrived for consideration of the special order, viz: "Article — . Education" — Mr. Dohoney moved to postpone the consideration of the special order to 10 o'clock, Wednesday next. Lost. Oct. 8, 1875.] CONSTITUTIONAL CONVENTION. 815 Mr. Flanagan moved to postpone the specia] order until the pending question was disposed of. Carried. Mr. Reagan proposed to amend the pending amendment by adding : ''Except in cities of ten thousand inhabitants or more." Mr. Crawford proposed to amend Mr. Reagan's amendment bv addino^; "But no res^istration law shall be enacted for any city, except upon the consent or request of a majority of the voters of said city." Accepted by Mr. Reagan. Mr. Reagan's amendment adopted. Mr. West's amendment adopted. Mr. Norvell offered to amend by striking out all that part which referred to elections by the two houses of the Legislature. Adopted. Mr. DeMorse offered the'fol lowing amendment : Substitute for the third section : " Sec. 3. All qualitied electors of the State, as hereinbefore described, who shall have resided for six months immediately preceding an election within the limits of any city or corporate town, shall have the right to vote for Mayor and all other elec- tive officers; but in all elections to determine the expenditure of money or the assumption of debt, only those shall be qualitied to vote who pay taxes on property in said city or incorporated town ; provided^ that no poll tax for the payment of debts thus incurred shall be levied upon the class thus debarred from voting in relation thereto." Mr. Kilgore moved to lay the amendment on the table. Lost by the following vote : Yeas — Allison, Arnim, Blasingame, Barnett, Burleson, Bruce, Cooley, Flournoy, Flanagan, Graves, Henry of Limestone, Kil- gore, Martin of Navarro, Martin of Hunt, Norvell, Russell of Wood, Sessions, Whitehead, Weaver — 19. Nays — Abernathy, Brown, Ballinger, Brady, Crawford, Cham- bers, Cook of Gonzales, Cooke of San Saba, Cline, Douglas, Dillard, DeMorse, Dohoney, Darnell, Davis of Brazos, Davis of Wharton, Erhard, Ford, Fleming, Ferris, German, Gaither, Holt, Henry of Smith, Holmes, Johnson of Franklin, Johnson of Collin, King, Killough, Lockett, Lacy, Lynch, McLean, Morris, McKinney of Denton, Moore, Murphy, Nunn, Nugent, Pauii, Reagan, Rentfro, Robertson of Bell, Robeson of Fayette. Ross, Spikes, Scott, Smith, Stayton, Wade, Whitfield, West, Waelder— 53. Mr. Kilgore offered the following amendment to the substitue ; 316 JOURNAL OF THE [Oa. 8, 1875. Strike out " city or town " in the substitute and insert ''State." Lost. Mr. Crawford proposed to amend the substitute as follows : " But no city or town shall incur, assume, or authorize, any debt, except upon the consent of a majorit}^ of the qualified voters, representing a majority of the taxable property of said city or town, to be ascertained in a manner prescribed by law." Mr. German moved the previous cpiestion. Lost. Mr. Crawford's amendment lost. Mr. Flournoy offered the following amendment: " And in State elections, no persons shall vote in such election, whether for State officers or members of the Legislature, which may result in the expenditure of public money." Lost. The yeas atid nays were then called upon the adoption of Mr. DcMorse's amendment, and the amendment adopted by the fol- lowing vote : Yeas — Allison, Abernathy, Brown, Blake, Ballinger, Blassin- game, Burleson, Chambers, Cook of Gonzales, Cooke of San Saba, Cline, Douglas, Dillard, DeMorse, Dohoney, Darnell, Davis of Brazos, Erhard. Ford, Fleming, Ferris, German, Gaither, Holt, Henry of Smith, Henry of Limestone, Holmes, Johnson of Franklin, Johnson of Collin, King, Lacy, Lynch, McLean, Martin of Navarro, Morris, McKinney, Moore, Murphy, Nunn, Nugent, Reagan, Kamey, Rentfro, R,ol3ertson of Bell, Boss, Spikes, Scott, Sessions, Smith, Stockdale, Stay ton, Sansom, Wade, Weaver, Whitfield, West, Waelder — 57. Nays — Arnim, Barnett, Brady, Bruce, Crawford, Cooley, Davis of Wharton, Plournoy, Flanagan, Graves, Kilgore, Kil- lough, Lockett, Martin of Hunt, Mitchell, Norvell, Pauli, RusRcll of Wood, Whitehead— 19. Mr. Whitfield ofi'ered the following amendment: Provided that every qualified elector shall vote in the precinct where he resides. Mr. Kilg(jre offered the following substitute for the amend- ment : Strike out all after the word "election " in substitute for sec- tion 2, and insert " shall vote in the precinct of his residence. Accepted by Mr. AVhitfield. The question on the adoption of the amendment was put, and the amendment adopted by the following vote : Yeas — Abernathy, Arnim, Brown, Ballinger, Blassingame, Oct. 8, 1875.J CONSTITUTIONAL CONVENTION. ' 317 Barnett, Burleson, Crawford, Chambers, Dono-las, Dillard, De- Morse, Davis of Brazos, Erliard, Ford, Fleming, Gaither, Graves, Holt, Henry of Smith, Johnson of Franklin, Johnson of Collin, Kilgore, Killough, Lacy, Lynch, McLean, Martin of Navarro, Martin of Hunt, Morris, Moore. Murph}^ Nunn, Nugent, Reagan, Rentfro, Robertson of Bell, Robeson of Fayette, Ross, Spikes, Scott, Sessions, Smith, Stockdale, Stayton, Whitfield. — 45. Nays — Allison, Blake, Brad}^ Bruce, Cook of Gonzales, Cooke of San Saba, Cline, Cooley, Dohoney, Darnell, Davis of Whai'ton, Flournoy, Ferris, Flanagan, German, Ilenr}^ of Lime- stone, Holmes, Lockett, Mitchell, McKinnej, Norvell, Pauli, Ramey, Reynolds, Russell of Wood, Sansom, Wade, Whitehead, Weaver, West. Waelder— 32. Mr. West offered the foUowino- as an additional section : '' Sec. 6. Tlie Legislature shall make provision for taking the votes of electors of this State who may be temporarily absent from the county or State in the actual military service of the United States, or of the State, during a time of war or invasion ; 'provided., however, that citizens of Texas who are regular soldiers, sailors or marines in the army or navy of the United States, shall not be allowed to vote." On motion of Mr. Johnson, of Collin, laid on the table. The article was then ordered engrossed. The special order then taken up, viz : " Article — . Education." On motion of Mr. Brown the Convention adjourned till 2^ o'clock p. M. EVENING SESSION— 2i o'clock. Convention met pursuant to adjournment ; roll called ; quo- rum present. Article on Education again taken uj). By leave, Mr. Martin, of Navarro, offered the following reso- lution, which was referred to the Committee on General Pro- visions : Resolved. That all drawbacks and rebatements of frei2:lit transportation, carriage, wharfage, storage, compressing, baling, repairing, or for any (jther kind of labor or service of or to any cotton, grain, or any other produce or article of commerce in this State, paid or allowed or contracted for to any other com- mon carrier, shipper, merchant, commission merchant, factor, agent, or middle men of any kind, not the true and absolute owner tliereof, are forever proliibited, and it shall be the duty of the Legislature to pass effective laws punishing as felonies all corporations, companies or persons in this State who pay, receive, contract for, or respect tlie same. 318 JOURNAL OF THE {Oct. 8, 1875. Mr. Cline, of the Committee on Education, presented the fol- lowing minority report : Committee Room, ) Austin, October S, 1875. ) To the Hon. E. B. Pickett^ PreBident of the Convent km : The undersii^ned, member of your Committee on Education, has not been able to concur in either of the two reports submit- ted. He believes the time has now come which the fathers of Texas contemplated when they created our mao-nificent school fund, for the organization of education in Texas. He, therefore, recommends the adu[>tion of the accompanying' ordinance. Yerj respectfully submitted. Henry Cline. "Article — . " Education. " Sec. 1. A general diifusion of knowledge and intelligence being essential to the preservation of the riglits and liberties of the people, the Legislature shall establish a thorough and effi- cient system of public instruction, and shall maintain public schools during not less than four months in every 3'ear, for the free education of all children in this State between the ages of nine and fifteen years, and other children may attend said schools upon conditions prescribed by law. " Sec. 2. The supervision of said system and schools shall be vested in the Superintendent of Public Instruction, the Board of Education, County and City Superintendents, and .such other officers as may be provided by law. " Sec. 3. Tlie Superintendent of Public Instruction shall be elected f jr .... years, and shall receive an annual salary of § .... , until otherwise provided by law, and shall perform all duties tliat may be ])rescribed l>y law. A vac^anc.y may l)e filled by appointment for the unexpired term by the Poard of Edu- cation. "Sec. 4. The lioard of p]du(^ation shall consist of the Super- intendent of Public Listruction, the Governor, Attorney (leneral and Secretary of State, who shall prescril)e rules and regulations for the organization and government of the schools, and per- form all other duties prescribed by law. "Sec. 5. County and City Superintendents, and other officers, may be elected or a))pointed, with such term of office, compen- sation, powers and duties as may be ])rescril)ed by law. The Board of Education may remove any of such officers for cause, and fill any vacancy by appointment for the unexpired term. " Sec. C. All lands, bonds and other }>ro])erty heretofore set Oct. 8, 1875.J CONSTITUTIONAL CONVENTION. 319 apart for schools by the Republic and State of Texas, or that may hereafter be so set apart, and the proceeds from sales of public lands, and the proceeds of escheats, shall constitute the permanent State school fund, and the income from said fund, tooether with not less than one-fourth of one per cent, tax upon all subjects of general taxation, shall annually be distributed amonor the several counties anS. The moneys that may at any time belong to the per- manent fund of the State and of the several counties and cities, shall be invested in the bonds of the United States and of the State of Texas. "Sec. 9. The State and county school lands, also the university and asylum lands, shall be sub-divided into 80 or 160 acre tracts, whereof the alternate tracts may be sold at public auction, under such regulations as may be prescribed Ijy law, and the proceeds invested in United States and Texas State bonds, and the in- comes severally applied to the support of said funds and asylums. "Sec. 10. No grant shall be made from any public fund for the benelit of any institution, church or scIkjoI controlled by anv ecclesiastical body, nor in aid of any particular ojjinions of con- science, creed or cliurch. Henry (^line. On motion of Mr. DeMorse, one hundred copies of the report and article were ordered printed. The article — , " Education," reported by the majority, taken up. Mr. Dohoney offered the following amendment : Add to section 1 : " For at least four months in each year, for the free instruction of all the scholastic population between the ages of nine and fifteen years." Mr. Russell, of Wood, offered the article reported by the mi- nority of the committee — viz., Messrs. Sansoin, Holt, Cooke of San Saba, and Dunnam — as a substitute for the article reported by the majority. 320 JOURNAL OF THE [Oa. 9, 1875. [Mr. Reagan in the chair.] Mr. Chambers moved to lay Mr. D(>lione3^'s amendment to section 1 on the table : Carried by the followino; vote : Yeas — Allison, Abernathy, Arnim, Brown, Blake, Blassin- game, Barnett, Burleson, Bruce, Chambers, Cooke of San Saba, Cardis, Douglas, Dillard, DeMorse, Darnell, Davis of Brazos, Flournoy, Fleming, Ferris, German, Gaither, Graves, Holt, Henry of Limestone, Holmes, Johnson of Franklin, Johnson of Collin, Kilgore, Killough, Lacy, Lynch, McLean, Martin of Navarro, Martin of Hunt, McKinney, Murphy, Norvell, Xugent, Heagan, Hamey, Robeson of Fayette, Ross, Russell of Wood, Spikes, Scott, Sessions, Stockdale, Stayton, Sansom, Wade, Weaver, Whitfield— 53. Nays — Ballinger, Bradj^ Crawford, Cline, Dohoney, Davis of Wharton, Erhard, Ford, Flanagan, Henry of Smith, King, Lockett, Mitchell, Moore, Nunn, Pauli, Reynolds, Rentfro, Robertson of Bell, Smith, Waelder—21. On motion of Mr. Dohoney, the Convention adjourned until 9 o'clock A, M. to-morrow. THIRTIETH DAY. Hall of Representatives, ) Austin, Texas, October 9, 1875. ) Convention met pursuant to adjournment ; roll called; quorum present ; prayer by Rev. Mr. Dodge, of Austin. Journal of yesterday read and adopted. The Chair announced the following committees, authorized b}^ resolutions of yesterday: Select Committee of Seven, to examine (;ei'tain land titles and examine certain rules of evidence: Mr. l>ri)wn. Chairman; Messrs. Rol)ertson of Bell, Henry of Smith, Nugent, McLean, Mur])hy, and Cooke of San Saba. Select Committee of Five, to examine and report an article rela- tive to the divisi(jns of the powers of government, and an article on the subject of impeachments and removals of the higher offi- cers of the State tVom office: Mr. Stockdale, Chairman ; Messrs. Reagan, Norvell, Ballinger, and Cook of Gonzales. Mr. Martin, of Navarro, offered the following resolution : Mesolved^ That the President appoint a special committee of Oct. 9, 1875.J CONSTITUTIONAL CONVENTION. 321 seven, to inquire into the direct charges of the Deinocvatic States- man, that all the Grangers, except nine, of this Convention have formed an alliance witli the negroes and radicals of this Conven- tion ; and that the vote upon the suffrage question was the result of said alliance ; and that no member of the Grange or radical party be appointed upon said committee. Mr. Brown moved to lay the resolution on the table. (Upon calling the roll, upon their own request, Messrs. Dillard, McCormick, Murphj, and Rentfro were excused from voting on the question). Lost by the following vote : Yeas — Arnim, Brown, Blake, Balliuger, Cooke of San Saba, Cline, Cooley, Cardis, DeMorse, Dohoney, Darnell, Davis of Brazos, Erhard, Flemings Ferris, Flanagan, Gaither, Holt, Henry of Smith, Holmes, Kilgore, McLean, Morris, Moore, Norvell, Nunn, Pauli, Robertson of Bell, Smith, Sansom, Wade, Weaver, Waelder— 33. Nats — Allison, Al)ernathy, Blassingame, Barnett, Burleson, Brady, Bruce, Crawford, Chambers, Cook of Gonzales, Douglas, Ford, German, Graves, Henry of Limestone, Johnson of Frank- lin, Johnson of Collin, Killough, Lockett, Lacy, Lynch, Martin of Navarro, Martin of Hunt, Mitchell, McKinney of Denton, Nugent, Reagan, Ramey, Russell of Wood, Spikes, Scott, Ses- sions, Stockdale, Staytoii, Whitehead, Whitlield, West — 37. Mr. Stockdale moved to amend the resolution by striking out "negroes and radicals" and inserting " Republican." Accepted by Mr. Martin. Mr. Crawford oftered the following amendment: " That said committee be authorized to send for persons and papers, and to administer oaths and take testimony, and that the report of said committee contain simply a statement of the mat- ters and things as they transpired in fact, and that all deductions and conclusions be left to the members of this Convention and the country." Adopted. Mr. Moore proposed to add, "and that in determining who are Grangers the President shall he governed by the usually accepted signs." Ruled out of order. On motion of Mr. Flourno}' the whole subject was laid on the table. Mr. West moved to reconsider the vote orderino* the engross- 21 322 JOURNAL OF THE {Oct. 9, 1875. ment of the article on suffrage, and to pass the consideration of the motion for the present. Carried. Mr. Scott moved to reconsider tlie vote tablino; Mr. Martin's (of Navarro) resolution as amended. (Upon calling tlie roll, Messrs. Dillard and McCormick were excused from voting at their own request. Mr. Stockdale, when his name was called, stated that he had paired oft' with Mr.Wael- der, who would have voted naj.) Yote reconsidered by the following vote : Yeas — Allison, Abernath}^, Arnim, Abner, Blassingame, Bar- nett, Burleson, Brady, Bruce, Crawford, Chambers, Cook of Gonzales, Douglas, DeMorse, Darnell, Davis of Wharton, Ford, Flournoy, FYrris, German, Graves, Henry of Limestone, John- son of F'ranklin, Johnson of Collin, Killough, Lockett, Lacy, Lynch, Martin of Navarro, Martin of Hunt, Mitchell, McKinney of Denton, Nugent, Beagan, Bamey, Bentfro, Bobe.rtson of Bell, Boss, Bussell of Wood, Spikes, Scott, Sessions, Stayton, Sansom, Wade, Whitehead, Wldttield, West— 48. Nays — Ballinger, Cooke of San Saba, Cline, Cooley, Cardis, Dolione}', Davis of Brazos, Fleming, Flanagan, Gaitlier, PL)lt, Holmes, Ivilgore, McLean, Morris, Norvell, Nunn, Pauli — 18. On motion of Mr. German, the main question was or- dered. The question then recurring upon the adoption of the resolu- tion as amended, the yeas and nays were called, and the resolu- tion adopted by the following vote : (Upon calling the roll Mr. Murphy was excused from voting at his own request, and Mr. Stockdale was i)aired oft* with Mr. Waelder.) Yeas — Allison, Abernathy, x\rnim, ]>lassingame, Barnett, Burleson, Brady, Bruce, Crawford, Chand)ers, Cook of Gonzales, Cardis, Douglas, DeMorse, Darnell, Flournoy, German, Graves, Henry of Limestone, Johnson of Franklin, Johnson of Collin, Killough, Lockett, Lacy, Lynch, Martin of Navarro, Martin of Hunt, Mitchell, McKinney of Denton, Nugent, Pauli, Bea- gan, Bamey, Bentfro, Bobertson of Bell, Boss, Bussell of Wood, Spikes, Scott, Sessions, Stayton, Sansom, Wade, Whitehead, Whitfield, West— 46. Nays — Brown, Blake, Ballinger, Cooke of San Saba, Cline, Cooley, Dohoney, Davis of Brazos, Davis of Wharton, Fleming, Ferris, Flanagan, Gaither, Holt, Holmes, Kilgore, McLean, Morris, Moore, Norvell, Nunn, Smith, Weaver — 23. Mr. Sansom presented the memorial of the citizens of Wil- Oct. 9, 1875.J CONSTITUTIONAL CONVENTION. 323 liamson county relative to an orcranized and uniform system of sanitary regulations. Keferred to the Committee on General Provisions. Mr. Moore presented the memorial of the Texas State Medical Association on the same subject. Referred to Committee on General Provisions. Mr. Nunn presented the memorial of citizens of Houston county on the same subject. Referred to Committee on General Provisions. Mr. Martin, of Hunt, presented a petition from tlie citizens, farmers of Hunt county, asking an extension of the time for paying taxes. Referred to Committee on Revenue and Taxation. Mr. Brown presented the memorial /)f the citizens of Dallas county upon the subject of a uniform system of sanitary regula- tions. Referred to Committee on General Provisions. Mr. Lockett presented the memorial of tlie citizens of Wash- ton county on tlie same subject. Referred to Committee on General Provisions. Mr. Cooke, of San Sal>a, presented the memorial of the citi- zens of Lampasas county on the same subject. Referred to Committee on General Provisions. Mr. Martin, of Hunt, ])resente(l a communication from the Greenville bar, on tlie subject of the organization of tlie Judi- ciary. Referred to Committee on Judiciary. Mr, McLean oifered the following amendment to the rules of the Convention : " Rule — . When the Secretary has commenced calling the roll all remarks shall be out of order. Meml)ers, upon the call of their names, shad answer ' yea ' or ' nay,' or be excused from voting," Laid over under the rules. Mr, Cardis offered the following resolution : Resolved.^ That no city or town of less than three thousand in- habitants be permitted to be incorporated. Referred to the Committee on General Provisions, On motion of Mr. Rentfro the Convention adjourned to 2|- o'clock p. M, EVENING SESSION— 2i o'clock. Convention met ; roll called ; quorum present. On motion of Mr, Gaither, Mr. Robeson, of Fayette county, 324 JOURxNAL OF THE {Oct. 9, 1875. was excused from attendance on the Convention for seven days. Mr. McCormick submitted the memorial of sundry citizens of Colorado county, asking for a unifurm system of sanitary regula- tions throughout the State. Referred to the Committee on General Provisioris. Mr. Cline submitted the memorial of sundry citizens of Harris county, asking for a uniform system of sanitary regulations throughout the State. Referred to the Committee on General Provisions. Mr. Stayton submitted the memorial of sundry citizens of Vic- toria county, asking for a uniform system of sanitary regulations throughout the State. Referred to the Committee on General Provisions. Mr. Killough submitted the men]orial of sundry citizens of Robertson county, asking for a uniform system of sanitary regu- lations throughout the State. Referred to the Committee on General Provisions. Mr. Dohouey submitted a memorial on tlie same sul)jcct from sundry citizens of Lamar county. Referred to Committee on General Provisions. Mr. Burleson submitted a memorial on same su])jeet from sundry citizens of Hays county. Referred to Committee on General Provisions. Mr. West submitted memorial on same subject from sundry citizens of Lampasas county. Referred to Committee on General Provisions. Mr. Lockett submitted a memorial on same subject from sun- dry citizens of Washington county. Referred to Committee on General Provisions. Mr. Brown su])mitted a memorial on samesul)ject from sundry citizens of Dallas county. Referred to Committee on General Provisions. Mr. Sansom submitted a memorial on same subject from sun- dry citizens of Williamson county. Referred to Committee on General Provisions. Mr. Moore submitted a memorial on same su])jectfrom sundry citizens of Fayette county. Referred to Committee on General Provisions. Mr. Nunn submitted a memorial on same sul)ject from sundry citizens of Houston county. Referred to Committee on General Provisions. Mr. Llaynes submitted a memorial on same subject from sun- dry citizens of Caldwell county. Oct. 9, 1875.] CONSTITUTIONAL CONVEN^IlON. 325 Referred to Committee on General Provisions. The article on " Education " was then taken up, the pending question being the motion of Mr. Russell, of Wood, to substitute the report and article reported by the minority for the article i-eported by the majority of the committee, it was put, and lost by the following vote : Yeas — Arnim, Blassingame, Barnett, Burleson, Bruce, Cooke of San Saba, Douglas, Flanagan, German, Holt, Henry of Lime- stone, Holmes, Killougli, Norvell, Robertson of Bell, Russell of Wood, Spikes, Scott, Sansom — 19, Nays — Allison, Abernathy, Ballinger, Brady, Chambers, Cook of Gonzales, Cooley, DeMorse, Dohoney, Darnell, Davis of Brazos, Davis of Wharton, Ford, Floarnoy, Flen«ng, Ferris, Gaither, Graves, Johnson of Franklin, Johnson of Collin, Kil- gore, Lockett, Lacy, Lynch, McLean, Martin of Navarro, Martin of Hunt, Morris, Mitchell, McKinney of Denton, McCormick, Murphy, Nugent, Bauli, Reagan, Ramey, Rentfro, Ross, Ses- sions, Smith, Stayton, Wade, Whitehead, Weaver, Whitfield, Waelder — 46. When Mr. Henry's (of Smith) name was called, he stated that he had paired off with Mr. Dunnam, who would vote yea, if present. Mr. Dohoney offered the following amendment to section 6 : '* And the proceeds of these lands, when sold, shall constitute a part of the public school fund of the county to which the land belonged." Mr. Scott offered the following amendment : " The Legislature shall provide for the sale of the county school lands of this State by the county courts, to actual settlers in lots of 80 acres or ,160 acres, at a price to be fixed by commis- sioners, and the actual occupants of said lands shall have the refusal of said lands at the price fixed, and the said lands shall be valued without any regard to any improvement thereon. [Mr. Stockdale in the chair.] Mr. Ferris offered the following substitute for the amendment : Section 6, line 36, after the word " grant " add "provided that such lands shall be sold under such regulations, at such times, and u])on such terms, as may be prescribed by law, and proceeds of sale shall inure to the respective counties." Mr. Ballinger moved to lay the amendments on the table until the report from the Committee on Counties and County Lands shall have been made. Mr. Ferris withdrew his substitute, and the other amendments were laid temporarily on the table under Mr. Ballinger's motion. 326 ' JOURNAL OF THE [Oa. ii, 1875. Mr. Wade offered the following substitute for section 4 : " The lands herein set apart for public school purposes shall be utilized under a system of lease or sale, under such rules and regulations as the Legislature shall establish. The proceeds of all lands sold shall be invested in interest-bearing bonds of this or some other State. All interest accruing upon said bonds, and all money derived from leases, shall be annually distributed, 2rro rata, among the scholastic population of the State." Mr. Weaver moved to postpone the subject until Monday next, di o'clock, and that it be made s])ecial order for that hour. Carried. Mr. Ramey submitted the following report : Committee Room, ) Austin, October 9, 1875. j To the Hon. E. B. Picl:ett^ President of the Convention: Sir — Your committee on Engrossed and Enrolled Ordinances would respectfully report that they have examined and com- pared article — , *' Executive Department," and find the same correctly engrossed. Respectfully, Wm. Neal Ramey, Chairman. On motion of Mr. German, two hundred copies of the article — , '' Executive Department,'*' as engrossed, w^ere ordered printed for use of the Convention. On motion of Mr. Flanagan, the Cvunvention adjourned until ^\ o'clock A. M. Monday. THLRTY-FIRST DAY. Hall of Representatives, ) Austin, Texas, October 11, 1ST5. j' Convention met pursuant to adjournment ; roll called ; quorum present ; prayer by the Rev. W. 11. D. Carrington, of Austin. Journal of Saturday read and adopted. Mr. McLean called up his resolution amending rules and the amendment was adopted. Mr. Scott called up Mr. Russell's (of Wood) resolution restrict- ing the time of delegates to live minutes in debate, and amend- ment adopted. The chair announced the following committee to investigate the charsres of the DeinocratiG Statesman in relation to a combi- Oct. II, 1875.] CONSTITUTIONAL CONVENTION. 327 nation between the Repnblicans and Grangers : Mr. Stockdale, Chairman ; Messrs. Fleming, McCorraick, Murphy, Henry of Smith, Stayton, Nugent. Mr. West withdrew his motion to reconsider the vote engross- ing the article on sniFrage. Messrs. Crawford, Ferris, Fleming and Whitfield presented memorials from their respective counties, asking an uniform sys- tem of sanitary regulations, which were all referred to the Com- mittee on General Provisions. Mr. King, as chairman of Committee on Counties and County Lands, reported as follows : CoMisnTiEE Room, ] Austin, October 8, 1875. \ To the Hon. E. B. Pickett^ President of the Convention: Sir — Your Committee on Counties and County Lands, to whom were referred certain resolutions and memorials on the subject of county school lands, have had the same under consid- eration, and instruct me to report the following provision, which they recommend for adoption as a part of the constitution. Respectfully, Henry C. King, Chairman. "All lands heretorfore, or hereafter, granted to the several counties of this State, for education or schools, are of right the property of said counties, respectively, to which they were granted, and title thereto is vested in said counties, and no adverse possession or limitation shall ever be available against the title of any county. Each county may sell and dispose of its lands, in whole or in part, in manner to be provided by the police court of the county. Actual settlers, now residing on said lands, shall be protected in the prior right of purchasing the same to the extent of their settlements, not to exceed one hun- dred and sixty acres, at the price fixed by said court, which price shall not include the value of existing improvements made thereon by such settlers. Said lands, and the proceeds thereof when sold, shall be held by said counties alone, as a trust for the benefit of public schools therein, said proceeds to be invested in bonds of the State of Texas, or of the LTnited States, and only the interest thereof to be used and expended annually." On motion of Mr. Moore, two hundred copies of the report and article were ordered printed. Mr. Ford reported as follows : CoikEviiTTEE Room, \ Austin, October 9th, 1875. f To the Hon. E. B. Pickett^ President of the Cmivention : The Committee on State Affairs, to which was referred a 328 JOURNAL OF THE [Oa. ii, 1875. memorial in favor of establishing " an effectively organized De- partment of Health and Vital Statistics," have maturely considered the same, and have instrncted me to report it back, and recommend that the Convention reject the petition of said memorialists. John S. Ford, Chair ni an. Also — Committee Room, ) Austin, October 9, 1875. f To the Hon, E. B. Pickett^ President of the Convention : The Committee on State Affairs, to which was referred a reso- lution providing "that no debts contracted two years after the adoption of this constitution, shall be collected by law," have had the same under consideration, and have instructed me to report said resolution back and recommend that it be not adopted by the Convention. John S. Ford, Chairman. Reports received to come up in their order. Mr. Waelder offered the following resolution : Pesolved'^ That the Committee on Municipal Corporations in- quire into the expediency of providing, that incorporated cities and towns shall not levy and collect higher license or occupation taxes than are levied and collected by the State. BUSINESS ON THE TABLE. "Article — . Bill of Rights," taken up. Pending the reading of the report and article, the hour arrived for the special order, and the same was taken up, viz : " Article — . Education." Mr. Sansom withdrew his substitute for section 3, offered on Saturday last, and offered the following as a substitute for the section : And there shall be set apart annually not more than one-tenth of the annual revenue derivable from taxation for general pur- poses, and a poll tax not to exceed two dollars for the support of public free schools. And no person shall be allowed to vote at any election to take place in this State unless he has paid said tax. On motion of Mr. Johnson, of Collin, laid on the table by the following vote : Yeas — Abernathy, Arnim, Brown, Blake, Ballinger, Blassin- game, Barnett, Burleson, l>rady, Bruce, Chambers, Cook of Gon- zales, Cooke of San Saba, Cline, Cooley, Cardis, Dillard, De- Morse, Darnell, Davis of Brazos, Ford, Flournoy, Ferris, Oct. 7, 1875.] CONSTITUTIONAL CONVENTION. 329 Flanagan, German, Gaither, Henry of Limestone, Johnson of Franklin, Johnson of Collin, Killongh, Lockett, Lacy, McLean, Martin of Navarro, Martin of Hunt, Morris, Mitchell, Mc- Kinney of Denton, Norvell, Pauli, Hamey, Rentfro, Koss, Russell of Harrison, Russell of Wood, Spikes, Scott, Sessions, Smith, Whitehead, Weaver, Waelder. — 52. Nays — Allison, Crawford, Douglas, Dohoney, Erhard, Fleming, Graves, Holt, Llenry of Smith, Holmes, King, Kil- gore. Lynch, McCormick, Moore, Murphy, Nunn, Nugent, Reagan, Robertson of Bell, Stockdale, Stayton, Sansom, Wade, Whitfield, West— 26. The substitute offered by Mr. Wade on Saturday last was then taken up and lost. Mr. Ballinger offered the following substitute for section 3^: "Sec. 3. The Legislature shall provide for the levy and collec- tion annually of a tax of one-fourth of one per cent, on all the taxable property of this State, or so much of said tax as together with a poll tax of two dollars per annum on each qualified elec- tor in the State, and the other funds provided for school pur poses shall be sufficient to educate all the scholastic children specified in this article four months in each year ; «7w/, promded fi(/rther^ that the payment of such poll tax shall be a condition precedent to the exercise of the right of suftrage in this State." Mr. Nugent proposed to amend the substitute as follows : '' Provided that said tax shall only be levied when voted by a majority of the freeholders of the several school districts." Lost. Mr. Kilgore proposed to strike out of the substitute " one- fourth," and insert ''one-eighth." Lost. On motion of Mr. Dohoney the substitute was laid on the table by the following vote : Yeas — Allison, Abernathy, Arnim, Brown, Blake, Blassin- game, Barnett, Burleson, Bruce, Chambers, Cook of Gonzales, Cooke of San Saba, Cardis, Douglas, Dillard, DeMorse, Doho- ney, Darnell, Davis of Brazos, Ford, Flournoy, Ferris, German, Gaither, Graves, Holt, Henry of Limestone, Johnson of Frank- lin, Johnson of Collin, Lacy, McLean, Martin of Navarro, Mar- tin of Hunt, McKinney of Denton, Moore, Norvell, Nugent, Pauli, Ramey, Rentfro, Robertson of Bell, Ross, Russell of Har- rison, Russell of Wood, Spikes, Scott, Sessions, Sansom, White- head, Weaver — 49. Nays — Ballinger, Brady, Crawford, Cline, Cooley, Davis of Wharton, Erhard, Fleming, Flanagan, Henry of Smith, Holmes, 330 JOURNAL OF THE [Oa. ii, 1875. King, Kilgore, Killoiigh, Lockett, L^-nch, Morris, Mitchell, McCorniick, Murphy, ]S"iinn, Smith, Stockdale, Stayton, Wacle, Whittield, West, Waelder~29. The hour having arrived for considering the special order, viz : " Article — , Legislative Department,-' on motion of Mr. Flonrnoy it was postponed until Wednesday next at 10 o'clock. [Mr. Stockdale in the chair.] Consideration of ''Article — , Education,'' resumed. Mr. Dohoney offered the following suhstitute for section 7. ''Section 7. The Governor, Couiptroller of Public Accounts and Treasurer shall constitute a public school board, for the sole pur- pose and with the sole power of annually apportioning and dis- tributing the available pu1)lic school fund among the several counties according to their respective scholastic population. And if at any time the State fund apportioned to any given county, added to any county fund that may be existing, shall not be suf- ficient to provide public free schools in said county, for at least four months in the year, for the instruction of all the scholastic population between the ages of nine and fifteen years, the county court of said county shall have the power to supply the deticiency by levying a poll tax of one dollar on every male citizen over twenty-one years of age, to be supplemented by an ad valorem tax upon all the taxable property in the county ; pnymded^ that said ad valorem tax shall never exceed one-sixth of one per cent. ; cuid provided further^ that no part of the tax raised in any county shall ever be applied to any other purpose than the pay- ment of teachers in said county. '' Mr. DeMorse offered the following as a substitute for the sub- stitute : "It shall be the duty of the Legislature, by the use of the available school fund, including a poll tax of tw^o dollars, which shall be levied for educational purposes, to establish and main- tain free i)ublic schools for such period of each year as the fund may be sufficient to accomplish, and the Legislature may author- ize each school district in every county to levy and collect such tax as the vote of a majority of the freeholders of the district may determine, riot exceeding one-fourth of one per cent. The available scIkhjI fund hereinbefore provided shall be distributed to the several counties of the State according to scholastic popu- lation, the distribution to be made by the Comptroller." Additional section to come in as section 8: *' Sec. 8. Each county shall be laid off into school districts by the county commissioners thereof, and orie county superin- tendent, wdio shall have the examination of teachers, shall be Oct II, 1875.] CONSTITUTIONAL CONVENTION. 331 elected by all tlie qualified electors ; and a board of school trus- tees lor c'ach school district shall be elected by the qualilied vo- ters of the district.*' , „ . i ,. x Mr. Johnson, of Collin, oftered the lollowiug amendment to section 7 : . , . 1 ^ xi ^ Amend by strikino; out all of said section down to the word " year" in line 44, and insert '^he Legislature shall establish free schools throughout the State as soon as practicable, and shall provide by law that the available school fund herein pro- vided shall be equally distributed among all the school popula- tion of the State." . , On motion of Mr. Brown, the Convention adjourned until 2| o'clock r. M. EVENING SESSION— 2i o'clock. Convention met pursuant to adjournment ; roll called ; quorum present. i- x j Mr. Cook, of Gonzales, stated that he had a telegram, directed to Major Ed. Burleson, advising him of the illness of several members of his family, and asking for him an indeiinite leave ol absence. Granted. The pending business was then resumed, being article ~, on "Education," with pending amendments thereto. Mr. Eamey, chairman Committee on Enrolled and Engrossed Ordinances, submitted the following report: Committee Room, I Austin, Texas, October 11, 1875. i To the lion. E. B. Piclett, President of the Convention : Your Committee on Engrossed and Enrolled Ordinances would respectfully report that they have carefully examined and compared article'—, on " Suffrage," and lind the same correctly engrossed. . Wm. Neal Eamey, Chairman. On motion of Mr. Cook, of Gonzales, two hundred copies of the article on '' Suffrage " were ordered printed as engrossed. On motion of Mr. Graves, the debate on the pending amend- ments to article — , on '^ Education," was estopped, and the vote was taken on the pending amendment oftered by Mr. Johnson, of Collin. The amendment was lost by the following vote : Yeas— Allison, Brown, Blake, Ballinger, Blassingame, Bar- nett, Crawford, Cline, Cooley, DeMorse, Dohoney, Darnell, Davis 332 JOURNAL OF THE [Oa. ii, 1875. of Brazos, Fleming, Ferris, German, Henry of Smith, Johnson of Franklin, Johnson of Collin, King, McLean, Martin of Na- varro, Martin of Hunt, Morris, McCormick, Moore, Norvell, Nnnn, Keagan, Ramey, Spikes, Sessions, Smith, Sansom, White- head, West — 3rovided, shall be annually distributed for the edu- cation of all children between the ages of eight and fourteen years, among the several counties or sc^hool districts, according to their respective scholastic population." Pending discussion of the amendment offered by Mr. Waelder, on motion of Mr. McCormick, the Convention adjourned until 9 o'clock A. M. to-morrow. THIRTY-SECOND DAY. Hall of Representatives, ] Austin, Texas, October 12, 1875. ) Convention met pursuant to adjournment ; roll called ; quorum present ; prayer by the Rev. Mr. Lee, Rector of St. David's Church, Austin. Journal of yesterday read and adopted. Mr. Weaver submitted the following motion : To the Honor al)le Memhers of the Constitutional Convention: The undersigned does not believe that this Convention is actu- ated by a spirit of Jacobinism. He trusts that all men here wish to ascertain what is right and to do it. There are grave ques- tions coming up that demand discussion. There are also legal questions to be settled, and there are in this bod}^ men who, by common consent, rank among the ablest lawyers of the State. He, for one, desires to hear their views, as well as those of other gentlemen. No man can define his position intelligibly, or give reasons for his vote on important questions, in five minutes. He does not believe it is the wish of this body to act liastily and un- 334 JOURNAL OF THE [Oa. 12, 1875. unthinkingly on so grave a matter as making a constitution for a million and a half of people — an irrepealable law ; and believ- ing it is due to the people that important matters should be full}' and freely discussed in a deliberative body of the gravity, magni- tude and importance of a Constitutional Convention ; and believ- ing with Shelley, that " the man who dare not reason is a cow- ard, the man who will not reason is a bigot, and the man who can not reason is a fool," he respectfully moves a reconsideration of the vote limiting del>ate t(j five minutes. All of which is respectfully submitted. W. S. Weaver. The motion to reconsider was carried by the following vote : Yeas — Allison, Abernathy, Arnim, Brown, Ballinger, Blassin- game, Barnett, Bruce, Crawford, Chambers, Cook of Gonzales, Cooke of San Saba, Cline, Cooley, Douglas, DeMorse, Dohoney, Darnell, Davis of Brazos, Erhard, Ford, Fleming, F'erris, Flana- gan, Graves, Henry of Smith, Henry of Limestone, Holmes, Johnson of Franklin, King, Kilgore, Killongh, Lockett, Lacy, McLean, Martin of Navarro, JVlartin of Hunt, McKinney of Denton, Moore, Norvell, Nunn, Nugent, Pauli, Keagan, Ramey, Robertson of Bell, Ross, Russell of Harrison, Sessions, Smith, Stockdale, Stay ton, Sansom, Weaver, West — 55. Nays — Dillard, Holt, Johnson of Collin, Lynch, Morris, Mills, McCormick, Murphy, Renttro, Russell of Wood, Spikes, Scott, Whitehead— 13. Mr. Graves then moved to so amend the rules as to leave no limitation to the time of debate. The question was then taken on the adoption of the proposed amendment limiting members to five minutes debate and the amendment was lost. Mr. McCormick ])resented a memorial from AVm. B. Scates, of Colorado county, "relative to a pension." Referred to Committee on General Provisions. Mr. McCormick offered the following resolution : Resolved, That this Convention will adjourn sine die on the 5th day of November next \ provided, that should it l)e necessary to continue longer in session, that wo j)eT die in shall be drawn by any of the delegates after such date. Mr. Mills moved to refer the resolution to the Committee on Printing and Contingent Expenses. Lost. The question then recurring on the adoption of the resolution, it was lost by the following vote : Oct. 12, 1875.] CONSTITUTIONAL CONVENTION. 335 Yeas-— Brady, Dillard, Fleming, Flanag-an, Graves, Holt, Ilenrj of Limestone, Holmes, Johnson of Collin, Loekett, Lacy, Lynch, Morris, Mills, Mitchell. McCormick, Murphy, Nunn, Ross, Russell of Harrison, Russell of Wood, Scott, West —23. Nays — Allison, Abernatliy, Arnim, Brown, Blake, Ballinger, Blassingame, Barnett, Bruce, Crawford, Cook of Gonzales, Cooke of San Saba, Cline, Cooley, Cardis, Douglas, DeMorse, Dohoney, Darnell, Davis of Brazos, Davis of Wharton, Erliard, Ford, Flournoy, Ferris, Gaither, Henry of Smith, Johnson of Franklin, King, Kilgore, Killough, McLean, Martin of Navarro, Martin of Hunt, McKinney of Denton, Moore, Norvell, Nugent, Panli, Reagan, Ramey, Rentfro, Robertson of Bell, Spikes, Sessions, Smith, Stockdale, Stayton, Sansom, Wade, Whitehead, Weaver —52. Mr. Ramey offered the following resolution : Resolved^ That the Legislature shall authorize the different county courts in the State to establish such public roads in their respective counties as the pul)lic interest may demand, and re- quire them to be kept up by the labor of all male persons be- tween the ages of eighteen and forty-five, and that no person within those ages shall be exempt from working the public roads except for disability ; lyraoultd^ that any person may have the privilege to pay such equivalent for the time each person maybe required to work the public roads as the Legislature may estab- lish. Referred to Committee on General Provisions. Mr. King offered the following resolution : Resolved., That the following provision be incorporated under its appropriate article as a section of the constitution : " Sec. — . The Legislature shall make adequate p)rovision for the equipment and maintenance of such of the militia forces of the State as the Governor may call out to protect the frontier from hostile incursions by Indians or other marauding bands." Referred to Committee on General Provisions. The uniinished business was then taken up, being the further consideration of article — , on education, with a pending amend- ment, offered by Mr. Waelder on yesterday. Mr. Dohoney offered the following as an amendment to the amendment: " Provided that the taxes raised under this provision shall be applied to the public schools in the county where they are col- lected." Mr. Waelder amended the amendment offered by him, by 336 JOURNAL OF THE [Oa. 12, 1875. strikino^ out the word " two,'' in regard to the niiniber of dollars as a poll tax, and insert " one.'' Tlie amendment of Mr. Dohone}' was lost. Mr. Martin, of Navarro, oliered the following' as a snbstitute for the whole subject matter under consideration : " Section 1. The principal of all funds arising from the sale or other disposition of lauds and other property, granted or in trusted to the State for educational purposes, shall forever be preserved inviola,te; and the income therefrom shall be faithfull>^ applied to specitic objects of the original grants and trusts. '"■ Sec. 2. The Legislature shall make such provision, when- ever deemed practicable, by taxation or otherwise, as, with the income arising from the school trust-fund, will secure a thorough and efficient system of common schools throughout the State; and no religious, or other sect, shall ever have exclusive right to, or control of, any part of the school funds of the State. " Sec. 3. All public lands which have been heretofore, or may hereafter be granted, to the various counties of this State, for public schools, are, of right, the property of said counties respectively to which they are granted and entitled thereto, is hereby vested in said counties ; subject to the trust created in the grant. " Sec. 4. The Legislature shall have power, whenever deemed advisable, to provide for the sale in part, or in wliole, of all lands heretofore granted for the benefit of the Lunatic Asjdum, the Blind Asylum, the Deaf and Dumb Asylum, and the Orphan Asylum, together with such donations as may have been, or may hereafter be made, to either, are hereb}^ set a]>art to provide a permanent school fund for the support and maintenance and im- ])rovements of said asylums. ''Sec. 5. Separate scho(»ls shall be provided for the white and colored children, and impariial provision shall be made for both." Mr. Nunn moved that the majority report, and all pending amendments, be referred to a select committee of seven. Mr. Cook of Gonzalc^s, moved to reconsider the vote taken on yesterday, refusing to adopt the amendment offered by Mr. John- son, of Collin, to the pending article. On motion of Mr. Allison, the Convention adjourned to 2^ o'clock p. M. EVENING SESSION— 21 o'clock. Convention met pursuant to adjournment, at 2^ c. m. ; roll called ; quorum present. Oct. 12, 1875.] CONSTITUTIONAL CONVENTION. 337 The pending business resumed, viz : the motion to refer tlie article on Education and pending amendments to a select com- mittee of seven. Mr. McLean moved to amend the motion by striking out " seven " and inserting '' fifteen," and that the committee have their own time to report. Lost. The question then recurring on the original motion of Mr. ISTunn to refer to a select committee of seven, was adopted by the following vote : Yeas — Ballinger, Brady, Crawford, Cook of Gonzales, Cline, Cooley, Dillard, Dohoney, Darnell, Davis of Brazos, Davis of Wharton, Erhard, Ford, Fleming, Ferris, Flanagan, Henry of Smith, Holmes, Johnson of Franklin, King, Lockett, McLean, Martin of Navarro, Martin of Hunt, Morris, Mitchell, McCor- mick, Moore, Murphy, Nunn, Pauli, Reagan, Ramey, Rentfro, Ross, Russell of Harrison, Sessions, Smith, Stockdale, Stayton, Wade, Weaver, Waelder — 43. Nays — Allison, Abernathy, Arnim, Blake, Blassingame, Bar- nett, Bruce, Chambers, Cooke of San Saba, Douglas, Flournoy, German, Gaither, Graves, Holt, Henry of Limestone, Johnson of Collin, Killougli, Lacy, Lynch, McKinney of Denton, Norvell, Nugent, Robertson of Bell, Russell of Wood, Spikes, Scott, San- som — 28. The next business in order was the consideration of " Bill of Rights." On motion of Mr. Barnett, the Convention decided to consider section by section. Mr. McCormick moved to strike out the first article. Adopted. Mr. Moore proposed to amend section 4 by striking out all of line 54 after the word " sentiment." Lost. Ml'. Flournoy proposed to amend section 3, line 51, by striking out the words " but in consideration of public services." Lost. Mr. Ferris oftered the following amendment to section 1 : Section 1, lines 39 and 40, strike out all to the word " and " in line 40, and insert the following : " Texas is a free and inde- pendent State, subject only to the Constitution of the United States." Adopted. Mr. Norvell oflPered the following amendment : 22 338 JOURNAL OF THE \Oct. 12, 1875. Amend by striking out all the section after the word " belief" in line 58, section 5, and insert the words " provided that no atheist shall be a competent witness." On motion of Mr. Dillard, the motion was laid on the table. Mr. Murphy offered an amendment to section 5, line 58, as follows : Insert between the word " affirmation " and the word " shall " the words " in leo^al tribunals." On motion, of Mr. Russell, of Harrison, the amendment was laid on the table. Mr. DeMorse offered the following as a substitute for section 1: "Texas is one of the free and independent States of the United States of America, holding that independence in conformity with the Constitution of the United States, and that the main- tenance of free institutions and tlie most enduring support of the Federal Union depend upon the preservation of the right of local self-government in all the States composing that Union." Lost. Mr. Norvell moved to amend b}^ striking oat section 5. Lost. Mr. Abernathy offered to amend section 0, line 61, by adding the word "Almighty" between the words "worship" and "God." Mr. Russell, of Harrison, moved to laj^ the amendment on the table. Lost and amendment adopted. Mr. Cooley moved to amend section 6 b}^ inserting after the word " protect," in line 68, the word " equally." Adopted. Mr. Holt moved to amend section 6 by adding: "provided, nothing in this section shall be so construed as to prohibit the Legislature from passing laws preventing ordinary work being done on Sunday." On motion of Mr. Weaver, the amendment was laid on the table. Mr. McLean moved to amend section 8, line 79, by adding after the word " matter" the words "is true and." Mr. Moore offered the following as a substitute for the amend- ment offered by Mr. McLean : In section 8, line 78, strike out all after the word "jury," and add the following words : " who shall have the right to determine the law and facts, under the direction of the court, as in other cases." Mr. Reaojan offered the following as a substitute for both the amendment and substitute : 1 Oct 13, 1875.J CONSTITUTIONAL CONVENTION. 339 "In prosecutions for the publication of papers,i nvestigating the conduct of officers, or men in public capacity, or when the matter published is proper for public information, the truth thereof may be given in evidence; and in all indictments for libels the jury shall have the right to determine the law and the facts, under the direction of the court, as in other cases." Mr.McLean's amendment adopted. Mr. Moore withdrew his amendment, and Mr. Reagan's sub- stitute for the section was adopted. On motion of Mr. Eussell, of Harrison, the Convention ad- journed until 9 o'clock a. m. to-morrow, pending section 9 of the Bill of Rights. THIRTY-THIRD DAY. Hall of Representatives, Austin, Texas, October 13, 1875. Convention met pursuant to adjournment ; roll called ; quo- rum present. Prayer by the Rev. Mr. Dodge. The chair announced the following select committee, to which was referred the article on Education : Mr. Nunn chairman, Messrs. Norvell, Moore, Ross, Ballinger, Martin of Navarro, and Robertson of Bell. The following communication was presented by Mr. Ballinger : Matagorda County, October 6, 1875. To the Ilmi. E. B. Pickett^ President of the Convention : Sir — In consequence of disasters resulting to me from the recent tornado, I iind it impossible for me longer to attend as a delegate to the Convention from the Twelfth Senatorial District, and therefore tender my resignation. Hoping wise and harmo- nious action by the body over wliich you have the honor of pre- siding, I have the honor to be, with great consideration and re- spect, sir, your most obedient servant. E. S. RUGELEY. Mr. Ballinger offered the following resolution : Whereas, The Hon. E. S. Rugeley has resigned his place as a delegate to the Constitutional Convention from the Twelfth Dis- trict ; Resolved^ That the Governor of this State is hereby authorized and requested forthwith to issue a writ of election to said district 340 JOURNAL OF THE \Oct. 13, 1875. to fill said vacancy by an election to be held on Saturday, 23d day of the present month, and return thereof made within five days thereafter. Adopted. Mr. Ilussell, of Harrison, offered the following resolution : Resol'ved^ That the following shall be incorporated in the Bill of Rights, under the proper article : " Importations of persons under tlie name of ' coolies,' or any other name or designation, or the adoption of any system of peonage whereb}' the unfortunate and helpless may be reduced to practical bondage, shall never be authorized or toleiated by the laws of this State; and neitlier slavery nor involuntary servitude, except as a punishment for crime, whereof the party shall have been dulj^ convicted, shall ever exist in this State." Referred to Committee on Bill of Rio-hts. Mr. Erhard offered the following resolution : Resolved^ That no person shall be deprived by law of the right to indulge in public recreation or pleasure on any day of the week ; promded^ that any j^erson availing himself of that right shall not thereby violate public decency in tlie respect due to public worship. Referred to Committee on State Aflairs. Mr. Martin, of Navarro, submitted the ])roceedings of a public meeting of the citizens of Dresden, Navarro county, on the sub- ject of taxing dogs and taking wolf scalps. Referred to Committee on Revenue and Taxation. Mr. Mills submitted the following article on the subject of Superintendent of Education : " Section — . There shall be a Superintendent of Public In- struction, who shall be elected by the people. The Superin- tendent shall hold his office for the term of two years. He shall receive an annual salary of three thousand dollars. " Sec. — . The Su]ierintendent shall have su])ervision and control of the public free schools of the State. The Legislature shall lay olf the State into convenient school districts, and shall provide for the formation of a Board of School Directors in each county, and for the pur[)(jse of taxation each county shall be a school district. It shall be the duty of the Superintendent of Public Instruction to recommend to the Legislature such provis- ions of law as ma}^ be found necessar}^, in the progress of time, to the establishment and perfection of a complete system of education adapted to the circumstances and wants of the people of the State. He shall, at each session of the Legislature, furnish that body with a complete report of all iv^^^o, schools in the State. Oct. 13, 1875.] CONSTITUTIONAL CONVENTION. 341 " Sec. — . The Legislature shall establish a uniform system of public free schools throughout the State. " Sec. — . As a basis for the establishment and endowment of said public free school, all the funds, lands and other property heretofore set apart and appropriated, or that may hereafter be set apart and appropriated, for the support and maintenance of public schools, shall constitute the public school fund ; and all sums of money that may come to this State hereafter from the sale of any portion of the public domain of Texas shall also con- stitute a part of tlie public school fund ; and the Legislature shall appi'opriate all the proceeds resulting from sales of public lands of this State to such ymblic school fund. And the Legis- lature shall set apart, for the benefit of public schools, not less than one-sixth of the annual revenue derivable from general tax- ation, and shall also cause to be levied and collected an annual poll tax of one dollar on all male persons in this State between the ages of twenty-one and sixty years, also a tax of one and one- half per cent, on the gross earnings of all railroads, steamship lines and insurance companies of this State, also all the fines col- lected for carrying concealed weapons and disturbances of the peace, also all money collected for license for selling malt and spirituous liquors, for the benefit of public schools. And said fund and the income derived therefrom, and the taxes and other moneys herein provided for school purposes, shall be a perpetual fund, to be applied as needed, exclusively for the education of all the scholastic inhabitants of this State, and no law shall ever be made appropriating such fund for any other use or purpose what- ever. " Sec. — . The public lands heretofore given to counties shall be under the control of the board of school directors of their respective counties, and may be leased or sold by them under such rules and regulations as the Legislature shall prescribe. " Sec. — . The Legislature shall, at its first session, and from time to time thereafter, as may be necessary, provide all needful rules and regulations for the purpose of carrying into efi'ect the provisions of this article. It is maile the imperative duty of the Legislature to see to it that all the children in the State between the ages of (8) eight to (15) fifteen are, without delay, provided with ample means of education. The Legislature shall annually appropriate for school purposes, and to be equally distributed among all the scholastic inhabitants of the State, the interest accruing on the school fund and the income derived from taxa- tion for school purposes ; and shall, from time to time, as ma}^ be necessary, invest the principal of the school fund in the bonds of 342 JOURNAL OF THE [Oa. 13, 1875. the State of Texas or of the United States ; and all school moneys already invested in the bonds of the State of Texas are hereby declared not to be of doubtful validity." E-eferred to the Select Committee of Seven on Article — , Edu- cation. Mr. Nugent submitted the following report : CoMMFiTEE Room, ) Austin, October 12, 1875. \ To the Hon. E. B. Pickett^ President of the Convention : The undersigned, constituting a majority of the special com- mittee, appointed to inquire into the expediency of incorporat- ing a provision in the constitution, setting apart public lands to certain sections of the State for the purpose of aiding in the construction of railroads, beg leave to submit the following report : The policy of subsidizing railroads, notwithstanding it may seem to be sanctioned by the legislation of the State for nearly a quarter of century, is not, in our view, well founded in princi- ple, and we fail to perceive that it has resulted in anything more than a mere speculative advantage to those coi'porations which have been made its beneficiaries. It seems clear to us from the experience of the past and the admonition's of the present, that the further construction of railroads in this State can not be predicated upon grants of this kind, which, so far as human foresight can determine, will not, for many years, sustain any appreciable value in the markets of the world. These lands, situated as they are on the distant frontier, remote from settle- ments, can never be made available as a fund for any practical purpose until they have been reclaimed from the savage by the hardy pioneers who stand ready to enter upon them wdienever this Convention shall have placed it beyond the power of corpora- tions to anticipate them in the occupancy of their rightful heritage. No policy is so hallowed in the traditions of Texas as that which has constantly guaranteed to actual settlers the right of selecting homes out of our unappropriated domain ; no policy has proven so eflicacious as this in peopling our vacant land with emigrants from other shores ; and, in our humble opinion, no policy has contributed so largely as this to the productive weftlth of the State, or commended itself so strongly to the bene- hcent spirit of the age. This policy should be fostered and liberalized ; and we do not think its wise design can be effectuated if powerful corporations are permitted to preoccupy the ground upon which the immigrant would establish his home. To make land grants to railroads means that our pre- Oct 13, 1875.] CONSTITUTIONAL CONVENTION. 34b emption laws are to become nugatory ; it means that the poor man shall continue to remain a homeless wanderer upon our soil, for the reason that his efforts to secure his western home are paralyzed when he contemplates the hopelessness of competition with these corporations, whose surveying parties are always enabled to keep a hundred miles ahead of him. It seems to us, then, a mere delusion when it is proposed to still subsidize railroads, and at the same time tender pre-emption privileges to actual settlers. In its 'last analysis, the proposition means that the public domain is to be the legitimate and exclusive prey of railroad corporations. Again, we do not perceive the force of the suggestion that the good faith of the State is pledged to the policy indicated in the resolution referred to us for consideration. The policy itself, we submit, was wrong in its inception, and we can not understand why it should be continued. Private cor- porations, while they frequently contribute to the public good, are always formed for the enrichment of individuals ; and we submit that the first principles of our government are at war with every policy which seeks to lavish the bounty of the State upon a few private citizens, as a mere bonus for their ultimate aggrandizement. Besides, if no principle were involved, the impolicy of endowing private corporations with wealth, beyond what may be acquired by the proper investment of their capital in legitimate pursuits, must, we submit, be apparent to every one. Already they have become an ordinaiy appendage of gov- ernment ; they have dictated the laws of the country for years past; they have organized conspiracies in the capitals of the States, and through them have so shaped the course of legisla- tion that they enjoy a virtual immunity from civil restraint and burdens. And we can not see that a policy which has in no small degree contributed to these evils, and which is full of fore- bodings for the future of our country, should be persisted in for any reason of sentimental or imaginary justice. The land grants of the State have heretofore been made without regard to sec- tional boundaries : and in the sino-le instance in which it was undertaken to loan the school fund, the general law on the sub- ject distributed the bounty of the State with as much fairness as the condition of the country then permitted ; and surely no sec- tion has any reason to complain if it failed to reap the benefits of a law of which all could avail themselves alike. We think if good faith requires the adoption of the policy embodied in the resolution under consideration, it would equally demand a donation, or loan, of money to the sections named ; for, unques- tionably, these have never obtained loans of money equal to 341 JOURNAL OF THE {Oct 13, 1875. those made to other portions of the State. For these, amontr other reasons, we believe that no such policy as that indicated in the resolution referred to should be perpetuated in the organic law of the State. On the contrary, we think that tlie Legisla- ture should be prohibited from making such grants in the future. In no other way, it seems to us, can anticipated evils be ob- viated ; in no other way can the State government be placed in an attitude in which it can curb those corporations, which are rapidly growing beyond legislative restraints. We therefore recommend that section 51 of the Legislative Department of the constitution be so amended as to prohibit land grants in the future. All of which is respectfully submitted. T. L. Nugent, Wm. Blassingame, John Johnson, B. D. Martin. Two hundred copies ordered printed. Committee Room, ) Austin, October 12, 1875. \ To the lion. E. B. Pickett^ President of the Convention : The members of your Select Committee, appointed to inquire into the expediency of setting apart a portion of the public do- main of the State, to be donated to aid in the construction of railways in the sections of the State that heretofore have not had the benefits resulting from such donations, and thereby to equal- ize every part of the State in the benefits resulting from such donations, have had the same under consideration, and being un- able to agree in regard to the same, the undersigned, members of said committee, believing it proper that such appropriation of a portion of the public domain should ])e made, return herewith an article which they recommend may be incor])orated into the constitution. John W. Stayton, Charles DeMorse, W. W. Whitehead. "Article — . " Section 1. The Legislature shall have no power to make any donation of any of the public lands of this State to any work of internal improvement in this State except as is hereinafter pro- vided. " Sec. 2. It having been the policy of the State to encourage the construction of railnmds by donations of land, and that pol- icy having resulted in the construction of such works in certain Oct. 13, 1875.1 CONSTITUTIONAL CONVENTION. 345 portions of the State, while certain other portions, more remote, have to a great extent received no advantage as yet from said policy ; therefore, in order to equalize the benefits of the State's bounty tc» all portions of its territory, it is hereby provided : That the Legislature shall hereafter encourage the construction of railways, by donations of land, in alternate sections, as follows : " First. In the territory embraced in the following boundaries, to-wit : "Beginning at the mouth of the Colorado river ^ thence up said river to the point where it intersects the 99th degree of longitude w^est from Greenwich ; thence north, on the line of said degree of longitude, to its intersection with the 32d degree of latitude north ; thence with said degree of latitude west to the Rio Grande ; thence down said Rio Grande to the Gulf of Mex- ico ; thence with the margin of said Gulf to the place of begin- ning; to which territory there is hereby allotted twenty thousand sectTons of land, the san'ie to be received by railways hereafter constructed in said territory, surveys being made by the owners of such railways alternately of an equal number of sections for the State. " Second. In the territory embraced in the following bounda- ries, to-wit : "Beginning at the point of the intersection- of the 32d degree of north latitude with the 99th degree of west longitude ; thence on the line of said degree of longitude north to the north-eastern corner of what is called the Pan Llandle ; thence west to the northwestern corner of said Pan Handle ; thence south with the line of the 103d degree of west longitude (to its intersection with the 32d degree of north latitude); thence east with said degree of latitude to the place of beginning ; to which territory there is hereby allotted ten thousand sections, to be received and sur- veyed as hereinbefore provided for the lirst division of territory. " Third. In the territory embraced in the following bounda- ries, to-wit : " Beginning at the point where the Galveston, Houston and Henderson railway strikes Galveston bay ; thence with said rail- way to its intersection w^ith the International and Great JSTorth- ern railway ; thence in a north-easterly direction along said rail- way to the point where the same intersects the Texas and Pacific raihvay ; thence east to the eastern boundary of the State ; thence with the eastern boundary of the State to the Gulf of Mexico ; thence along the margin of the gulf to the entrance into Galves- ton bay ; and thence to the place of beginning ; to w^hich terri- tory there is hereby allotted three thousand three hundred sections, 346 JOURNAL OF THE [Oa. 13, 1875. to be received and surveyed as hereinbefore provided for the first division of territory. " Sec. 3. The alternate sections of land, provision for the survey of which is made in the preceding sections, and not to be donated to railways, are hereby set apart, donated, and declared to be a part of the public school fund of the State, and they shall never be otherwise used or appropriated ; and the land authorized to be donated to railways shall never be appropriated to any other use by the State, except that the same may be sold to actual settlers, or located by land certificates which by failure to locate were rendered invalid by section 4 of article 10 of former constitution, which by this constitution may be validated if said lands are so sold or located before railw^ays are constructed in the territory aforesaid, so as to entitle the owners of railways to the same." Two hundred copies of the report and article ordered printed. The Convention then proceeded to the consideration of unfin- ished business, viz : Section 9, Bill of Kiglits. On motion of Mr. German, the vote taken yesterday striking out article 1, Bill of Bights, was reconsidered. [Mr. Darnell in the chair.] Mr. Stockdale moved to make " Bill of Bights " article 1, and " Boundaries " article 2. Lost. Mr. German moved to amend the Bill of Bights so as to make it read article 1 ; Boundaries article 2, Bill of Bights. Carried. Mr. Stayton proposed to amend article 1 by striking out all that precedes line 20. Adopted. Mr. Beagan ofiered the following amendment : Strike out lines 22, 23 and 24, and to the word " thence " in line 25, and insert in lieu thereof the following: "Beginning in the Gulf uf Mexico three marine leagues in front of the mouth of Sabine Bass, and running thence to the center of the mouth of Sabine Bass and up the middle of Sabine Bass bay and river to latitude 32 degrees north." Adopted. Mr. DeMorse ofibred the following amendment : Sec. 10. After '' favor," in line 92, insert " and shall have the right to make a declaration of his acts and the motives therefor, the truth and the weight of which may be considered by the jury in connection with other evidence." The hour having arrived for considering the special order, viz : Oct 13, 1875.] CONSTITUTIONAL CONVENTION. 347 "Art — , Legislative Department," on motion of Mr. Mills the same was postponed until the pending business be disposed of. Mr. Stockdale offered the following as a substitute for Mr. DeMorse's amendment : In civil causes, no party thereto, if he have an interest therein, shall testify unless called to testify by the opposite party ; and in criminal cases no defendant shall testify. On motion of Mr. Ballinger the amendment and substitute were laid on the table. Mr. Moore offered the following amendment : Sec. 11, line 103, strike out the words "the offenses com- mitted," and insert the w^ords " the prosecution is pending." Adopted. Mr. (Stay ton offered to emend by striking out all after the words " habeas carpus^^ in line 102. Lost. Mr. Stockdale offered the following amendment : In lines 101 and 102, section 11, strike out "other courts of record" and insert " or District Judge." Mr. German offered to substitute for the amendment, strike out " or other court of record," and insert " or District Court." Accepted by Mr. Stockdale. Mr. Moore proposed to amend section 11, line 101, by adding after the word " record," in line 102, the words " having juris- diction to try the offense." Accepted by Mr. Stockdale. Mr. McCormick offered the following as a substitute for the section. " Sec. 11. All prisoners shall be bailable by sufhcient security, unless for capital offenses, when the proof is evident or the pre- sumption great ; but this provision shall not prevent bail after indictment found upon the examination of the evidence by a Judge of the Supreme, District or other court of this State, upon the return of a writ of haheas corpus^ issued returnable, as may be provided by law." Lost. Mr. Moore's amendment, as accepted, adopted. Mr. Kilgore offered the following amendment : In section 12 insert in line 105, after the word "remedy " the words " by such writ." Lost. Mr. Norvell proposed to amend by striking out in line 106 the words " in all proper cases." Adopted. 348 JOURNAL OF THE {Oct 13, 1875. ^ On motion of Mr. Stockdale, section 12 was passed over for the present. J Mr. Murphy offered to amend section 14, line 112, by adding after the word "guilty " the words "in a court of competent jurisdiction." Adopted. Mr. Kentfro proposed to amend section 15 by adding at the close thereof: "But no law shall be passed requiring any other qualification for jurors than those required of electors in this State." On motion of Mr. Russell, of Wood, the amendment was laid on the table by the follow^ing vote : Yeas — Allison, Abernathy, Arnim, Brown, Blake, Ballinger, Blassinganie, Barnett, Bruce, Crawford, Chambers, Cook of Gonzales, Cooke of San Saba, Cooley, Douglas, DeMorse, Do- honey, Darnell, Davis of Brazos, Ford, Fleming, Ferris, German, Gaither, Graves, Holt, Henry of Smith, Henry of Limestone, Holmes, Haynes, Johnson of Franklin, King, Kilgore, Killough, Lacy, Lynch, McLean, Martin of Navarro, Martin of Hunt, Morris, McKinney, McCormick, Murphy, Norvell, Nunn, Nu- gent, Reagan, Robertson of Bell, Russell of Wood, Spikes, Scott, Smith, Stockdale, Stayton, Wade, Whitehead, Wright, Weaver, W est, Waelder— 60. d Nays — Brady, Flanagan, Lockett, Mills, Mitchell, Pauli, Rey- nolds, Rentfro, Russell of Harrison — 9. Mr. Allison offered the following as a substitute for section 16: " Sec. 16. No bill of attainder, ex post facto law, or law im- pairing the obligation of contracts, or retrospective in its opera- tions, or making any irrevocable grants of special privileges or immunities, can be passed by the Legislature." Withdrawn. Mr. West proposed to add to section 16 tlie following : " Nor shall any law be passed depriving a party of any remedy for the enforcement of a contract which existed when the contract was made." Mr. Mills proposed to amend the amendment by adding : " Except usurious ones." A On motion of Mr. Dillard, tlie amendments were laid on the table. On motion of Mr. Martin, of Hunt, the Convention adjourned to 2^ o'clock p. RE. I Oct. 13, 1875.J CONSTITUTIONAL CONVENTION. 349 EVENING SESSION— 2i o'clock. Convention met pursuant to adjournment ; roll called ; quorum present. Convention resumed the consideration of Bill of Rights. Mr. Keynolds oifered the following as an additional section, to come in as section 17 : "No form of slavery shall ever exist in tliis State, and invol- untary servitude of any character whatever is hereby forbidden, except as a punishment for crime, whereof the party shall have first been duly convicted." On motion of Mr. Nugent, laid on the table by the following vote : Yeas — Abernathy, Arnim, Blassingame, Barnett, Bruce, Chambers, Cook of Gonzales, Cooke of San Saba, Douglas, Dillard, Davis of Brazos, Flournoy, Fleming, Graves, Holt, Henry of Limestone, Hohues, Haynes, Johnson of Franklin, King, Kilgore, Killough, Lac\% Lynch, McLean, Martin of Na- varro, McKinney of Denton, McCormick, Norvell, Nugent, Spikes, Sessions, Wade, Whitehead, Weaver — 35. Nays — Allison, Brown, Blake, Ballinger, Brady, Cardis, Dohoney, Darnell, Davis of Wliarton, Ferris, Flanagan, German, Gaither, Johnson of Collin, Lockett, Martin of Hunt, Morris, Mitchell, Moore, Murphy, Pauli, Ilamey, Reynolds, Rentfro, Robertson of Bell, Ross, Russell of Wood, Scott, Smith, Stock- dale, Stayton, Wright— 32. Mr. Scott proposed to amend section 17 by inserting after the word " Legislature " tlie words " or created under its authority." Adopted. Mr. McCormick proposed to amend lines 120 and 121 by striking out the words " except for the use of the State." Lost. Mr. Stayton proposed to amend by striking out the words " or secured by a deposit of money," in lines 121 and 122. Lost. Mr. Flournoy proposed to amend by inserting after the word " State," in line 121, as follows : " or for the use of some county or incorporated city or town within the State." Lost. Mr. Flournoy moved to reconsider the vote just taken. Lost. Mr. Waelder offered the following amendment : Strike out the words "damaged, destroyed," in line 118, sec- tion 117. 350 JOURNAL OF THE [Oa. 13, 1875. Mr. Mills proposed to amend by inserting after " destroyed " the words " except to prevent conflagration. Mr. Waelder's amendment lost. Mr. Reagan proposed to amend Mr. Mills's amendment by add- ing the words '' or in snppressing insnrrection or repelling inva- sion." Accepted. [Mr. Brown in the chair.] Mr. Nngent oflered the following as a substitute for the amend- ment : Insert "for" after the word "destroyed," in line 118, also "or" between "damaged" and " destroyed," in same line. Messrs. Mills and Reagan withdrew their amendments. Mr. Stockdale offered the following amendment : Strike out all the section down to and including the word " money," in line 122, and insert " Private property shall not be taken except for public use ; nor shall it be so taken with- out just compensation being made to the owner ; if taken for pnblic nse to be applied by any corporation, except the State or a county, the compensation shall first be made therefor." Mr. Robertson, of Bell, moved to strike ont " county " from the amendment. Carried. Mr. Dillard moved to lay Mr. Stockdale's amendment on the table. Carried. Mr. Nugent's amendment adopted. (J)n motion of Mr. Nunn, Mr. Dunnam was granted unlimited leave of absence on account of sickness in his family. Mr. Ferris proposed to amend section 17 by inserting, in line 121, after the word " State," " or for public county roads." Mr. Dillard moved to lay the amendment on the table. Lost by the following vote : Yeas — Ballinger, Blassingame, Crawford, Cook of Gonzales, Douglas, Dillard, Davis of Whai'ton, Erhard, Fleming, Flana- £an, Gaither, Graves, Henry of Limestone, Holmes, Ilaynes, .acy, Lynch, McKinney of Denton, Moore, Murphy, Norvell, Nugent, Reynolds, R(jbertson of Bell, Russell of Wood, Spikes, Scott, Sessions, Stayton, Wade, Whitehead, Wright, West — 33. Nays — Allison, Abernathj^ Arnim, Brown, Blake, Barnett, Brady, Bruce, Chambers, Cooke of San Saba, DeM(jrse, Doho- ney, Darnell, Ford, Flournoy, Ferris, Holt, Ilenr}^ of Smith, Johnson of FVanklin, King, Kilgore, Killough, Lockett, McLean, Martin of Navarro, Martin of Hunt, McCabe, Morris, Mills, Oct. 14, 1875.] CONSTITUTIONAL CONVENTION. 351 Mitchell, McCormick, Niinn, Paiili, Eeagan, Eamey, Rentfro, Ross, Russell of Harrison, Smith, Stockdale, Waelder — 41. The question on the adoption of Mr. Ferris's amendment was then put and amendment lost. Mr. Allison proposed to amend by adding to section 18 the words " except for non-payment of fines and penalties imposed by law." Lost. Mr. McLean proposed to amend as follows : Section 19, line 127, after the word " property " strike out " or," and insert after the word " privileges," " or immunities." Mr. Holt oifered the following as a substitute for section 19 : " The sole ol)ject and only legitimate end of government is to protect the citizen in life, liberty and property, and when gov- ernment assumes other functions it is usurpation and oppression." The chair ruled the substitute out of order. Mr. McLean's amendment adopted. Mr. Kilgore proposed to amend section 19 by striking out after the w^ord " or," in line 127, the words " in any manner," and insert the word " be." Lost. Mr. Ballinger proposed to amend section 19 by striking out all after the word '' disfranchised " and insert " except by due course of the law of the land." Adopted. On motion of Mr. Chambers, the Convention adjourned until 9 o'clock A. M. to-morrow. THIRTY-FOURTH DAY. Hall of Representatives, ) Austin, Texas, October 14, 1875. f Convention met pursuant to adjournment ; roll called ; quorum present ; prayer by the Rev. Mr. Wright, of Austin. Mr. McKinney, of Walker, presented the memorial of the citizens of Grimes county, relative to legislative apportionment. Referred to Committee on Legislative Apportionment. Mr. Gaither ottered the following resolution : Resolved^ That whereas, it being the duty of this Convention to frame a constitution that will aid in quieting the land titles of the State, and, whereas, the statute of limitations discrim- 352 JOURNAL OF THE {Oct. 14, 1875. inating in favor of females and against males, is a source of much "litigation in the courts of the State, therefore^ Be it resolved^ that the Committee on General Provisions be instructed to take the matter into consideration, and report a provision that will remedy the evil. Referred to Committee on General Provisions. Mr. Russell, of Wood, presented a memorial from Hon. Gus- tave Cooke. Referred to Committee on General Provisions. Mr. Henry, of Limestone, presented the memorial of the bar of Limestone county, on the subject of judicial apportionment. Retierred to Committee on Judicial Apportionment. Mr. German offered the following resolution : Resol'oed^ That the following be a clause in the consti- tution : " Sec. — . No corporation shall issue stock or bonds, except for money paid, labor done, or property actually received, and all fictitious increase of stock or indebtedness shall be void. The stock and bonded indebtedness of corporations shall not be in- creased, except in pursuance of general law, nor without the consent of the persons holding the larger amouut in value of the stock first obtained at a meeting called for the purpose, first giving sixty days public notice, as may be provided by law." Referred to Committee on Private Corporations. Mr. Flournoy ofiered the following resolution : Mesol/oed^ Tliat the following be referred to the Committee on General Provisions, and tliat they consider the propriety of reporting, in substance, the following : " That, to prevent litigation hurtful to i\\e public interest, quiet title in the occupants, in good faith, of real estate, and discourage, as far as practicable, all disposition to discover de- fects in the claims of actual possessors, or si)eculation on the validity of un])resented and unknown outstanding titles ; " Tlie Legislature shall define chnnipertij and maintenance, and ])rovide for the prevention and ])unishment thereof; and shall pass laws vacating the 'license 'of any ' attorney-at-law ' in this State who shall hereafter, as such, undertake the recovery of real estate for any ' ])laintiif ' upon the consideration in any respect contingent or conditirazos, Davis of Whar- ton, Flournoy, Fleming, Ferris, Flanagan, Gaither, Henry of Limestone, Johnson of Franklin, King, Kilgore, Killough, Lynch, McLean, McCabe, Morris, Mills, McKinney of Walker, McCormick, Murphy, Nunn, Nugent, Reynolds, Rentfro, Ross, Russell of Ilarrison, Scott, Smith, Stockdale, Stayton, Wade, Oct. 15, 1875.J CONSTITUTIONAL CONVENTION. 361 Whitehead, Wright, Weaver, Whitfield, West, Waelder— 50. Nays — Allison, Brown, Blake, Blassingame, Barnett, Bruce, Chambers, Cline, Dillard, DeMorse, Erhard, Ford, German, Graves, Holt, Henry of Smith, Ilaynes, Johnson of Collin, Martin of Hunt, McKinney of Denton, Moore, Norvell, Pauii, Reagan, Ramey, Robertson of Bell, Russell of Wood, Spikes — 28. Mr. Kilgore moved to reconsider the vote just taken and to lay the motion on the table. Carried. Mr. Flournoy offered the following resolution : Besolmd^ That the Committee on Public Lands and Land Office be instructed to inquire into the propriety of validating the patents heretofore issued on all locations of headright and other certificates in the reservation heretofore known as the Peters' Colony Reservation and the Mississippi and Pacific Rail- road Reserve. Referred to Committee on Public Lands and Land Office. UNFINISHED BUSINESS, VIZ I "Article — , Public Lands and Land Office," taken up. Mr. Stockdale offered the following amendment to the substi- tute offered by Mr. Crawford on yesterday : Strike out the w^ordc ' all unsatisfied genuine land certificates barred by section 4, articie 10, constitution of 1869, are hereby revived," and that the remainder of the substitute be made a part of the section as amended. Mr. Gaither offered the follov;ing as an amendment to Mr. Crawford's substitute: ''Provided,, That all land certificates, heretofore or hereafter issued, shall be located, surveyed or patented only upon vacant, unappropriated public domain, and not upon any land tilled or equitably owned under color of title from the sovereignty of the soil, evidence of the appropriation of which is on the county records or in the General Land Office." Mr. Stockdale's amendment lost. Mr. Kilgore moved to lay Mr. Gaither's amendment on the table. Lost by the following vote : Yeas — Abernathy, Arnim, Blassingame, Cline, Cooley, Do- lioney, Ferris, Flanagan, Kilgore, Lockett, McLean, Martin of Hunt, Mitchell, Norvell, Pauli, Reynolds, Rentfro, Russell of Harrison, Stayton, Wright, West — 21. Nays — Allison, Brown, Blake, Ballinger, Barnett, Burleson, Brady, Bruce, Crawford, Chambers, Cook of Gonzales, Cooke of 3C2 JOURNAL OF THE [Oa. 15, 1875. San Saba, Cardis, Douglas, Dillard, Darnell, Davis of Brazos, Erliard, Ford, Fleming, German, Gaither, Graves, Holt, Henry of Smith, Henry of Limestone, Haynes, Johnson of Franklin, Johnson of Collin, King, Killongh, Lacy, Lynch, Martin of Kavarro, Morris, Mills, McKinney of Denton, McKinney of Walker, Niinn, Nogent, Tleagan, Ramey, Hobertson of Bell, E-nssell of Wood, Spikes, Scott, Sessions, Smith, Stockdale, Wade, Whitehead, Weaver, Waelder — 53. Mr. Gaither's amendment adopted. Mr. Crawford's substitute, as amended, also adopted. Mr. Scott proposed to amend as follows : Section 1, line 2, strike out the words. '' be at the seat of gov- ernment," and insert in lieu thereof the words, '' be self-sustain- ing, and shall be kept at the seat of government." Mr. German offered the following substitute for Mr. Scott's amendment : " The Legislature shall, by appropriate legislation, at the earliest time practicable, make the Land Office self-sustaining." Adopted as a substitute for the amendment. The question then, upon adopting it as an amenduient to the section, was ynit and carried by the following vote : Yeas — Abernathy, Arnim, Blassingame, Barnett, Burleson, Brady, Bruce, Crawford, Chambers, Douglas, Dillard, DeMorse, Dohoney, Darnell, Davis of Wharton, Ford, Flournoy, Ferris, German, Gaither, Holt, Henry of Limestone, Haynes, Johnson of Franklin, Johnson of Collin, Kilgore, Lacy, Lynch, McLean, Martin of Navarro, Martin of Hunt, Mills, Mitchell, McKin- ney of Denton, McKinney of Walker, McCormick, Murphy, Norvell, Nunn, Kamey, Reynolds, Bentfro, Russell of Harri- son, Russell of Wood, Spikes, Scott, Sessions, Stay ton, Wade, Whitehead, Wright, Weaver, Whitiield, Waelder — 54. Nays — Allison, Blake, Ballinger, Cooke of San Saba, Cline, Cooley, Davis of Brazos, Erhard, Fleming, Flanagan, Graves, Henry of Smith, King, Lockett, McCabe, Nugent, Reagan, Smith, Stockdale, West— 20. [Mr. Browm in the chair.] Mr. Reagan proposed the following as a substitute lor the amendment just adopted : " The Legislature may, by appropriate legislation, make the Land Office self-sustaining." On motion of Mr. German laid on the table. Mr. Brady proposed to amend section 1 by adding ^^ pi'ovided no Land Office shall be established at all until such time as it shall be self-sustaining, and this the Legislature shall provide." Oct. 15, 1875.] CONSTITUTIONAL CONVENTION. 363 Laid on the table. Mr. Stockdale moved to pass over the consideration of section 3 for the present. Carried. Mr. Nunn offered the following amendment : Strike ont all after the word " and " in line 20, and insert " shall accrue to the benefit of the ireneral school fund of the State : and the Legislature shall provide for resuming control of the same." Mr. Davis, of Brazos, moved to amend by striking out sec- tion 4. Mr. Ballinger offered the following : Insert in line 18, before the word "alienated," the words " or shall not hereafter be." Mr. Stay ton offered the following as a substitute for all the amendments, and the section : " Sec. 4. It shall be the duty of the Attorney General to cause proceedings to be instituted for the purpose of having a forfeiture declared of all lands granted, or that may hereafter be granted, to railways which have not been alienated in conformity with the terms of their charters and the laws of the State under which the grants were or may be made ; and after such forfeiture such lands shall be subject to location or sale as other vacant lands." On motion of Mr. Reagan, the section and pending amend- ments w^ere recommitted to Connnittee on Public Lands and Land Office. On motion of Mr. Allison, Mr. Flournoy was added to Com- mittee on Legislative Apportionment. On motion of Mr. Fleming the Convention adjourned. EVENING SESSION— 21 o'clock. Convention met; roll called; quorum present. Pending business resumed, viz : Consideration of Art. — , Public Lands and Land Office. On motion of Mr. Weaver, the Secretary of the Convention was granted leave of absence for the remainder of the evening. Mr. Browm moved to reconsider the vote recommitting " Sec. 4 of Art. — , Public Lands and Land Office." Carried. Mr. Peagan moved to recommit the whole article to the Com- mittee on Public Lands and Land Office. Carried. Business on the table was then taken up. On motion of Mr. Ford, the following report from Committee 364 JOURNAL OF THE [Oa. 15, 1875. on State Affairs was read and referred to Committee on General Provisions : Committee Room, Austin, October 4tli, 1875. To the Hon. E. B. Pickett^ President of the Convention : The Committee on State Affiirs, to whom was referred the memorial of the widow and heirs of the late W. A. Smith, have had the same under consideration, and instruct me to report the accompanying section and recommend that it be adopted hj the Convention as a part of the new constitution. John S. Ford, Chairman. " Sec. — . The Legislature shall make provisions by law to have all claims and demands justly and lawfully due by the ex- isting State govermuent, or by any of its predecessors, and which shall be presented within one year from a date specified by law, and not thereafter, either adjudicated or audited ; provided^ that such claims and demands have not heretofore been either adjudicated or audited ; and provided also^ that said claims and demands originated prior to the 28tli day of January, 1861, or subsequent to the 5th day of August, 1865, and that they are not in contravention of the constitution and laws of the United States; and all claims and demands not so presented shall be and remain forever barred." The following resolution was taken from the table and read : liesolved^ That when, in considering any of the articles of the constitution as reported, amendments are offered wdiich affect such articles as may not yet be reported by the suitable commit- tee, said amendments shall be referred without debate to said committee. The Convention refused to adopt the resolution. The following report was taken up and read : To the lion. E. B. Pickett^ President of the Convention : The Committee on Revenue and Taxation, to which was re- ferred a memorial from Bastrop county relative to pay of Ran- gers, long due, direct me to report the memorial back to the Convention, and suggest that the subject be referred to the first session of the Legislature under this constitution. Respectfully, Charles DeMorse, Chairman. The re])ort was then adopted. The following report and ordinance was then taken up. Mr. DeMorse, Chairman of the Committee on Revenue and Taxation, submitted the following report: J Oct. 15, 1875.J CONSTITUTIONAL CONVENTION. 365 • Committee Room, \ Austin, September 30, 1875. \ To the Hon. E. B. Pickett.^ President of the Convention : The Committee on Revenue and Taxation, to whose consider- ation was referred a proposed ordinance to relieve certain coun- ties from taxation, on account of damages resulting from flood and storm, direct me to report said ordinance back to the Con- vention, and express their opinion that the committee has no authority in tlie premises, and doubts the propriety of any action by the Convention in this direction. ORDINANCE. * -H- -^ * * * -X- 4f "Whereas, The late disastrous storm on the coast of the State of Texas ruined and placed in a condition of want and distress the people residing in the counties hereinafter named ; and whereas, in their said condition they are totally unable at pres- ent to pay the State taxes due by them for the year 1875, and to exact of them said tax would be to further embarrass and dis- tress them and impose u})on them additional ills and burdens ; therefore, ''^Be it ordained hy the people of Texan in Goyiventianassemhled^ That the collection of the State tax levied for the year 1875, upon the property of the people residing in the counties of Cham- bers, Brazoria, Matagorda and Calhoun, be and the same is hereby restrained and enjoined, and that the Sheriff's and Tax Collectors of said counties are hereby forbidden and enjoined from the collection of said tax ; and that the tax payers in said counties are hereby relieved and exempted from the payment of said tax due for the year 1875." Mr. McCormick moved to refer the report and ordinance to a select committee of five. Mr. DeMorse offered the following as a substitute for the ordi- nance : Pesolved^ That the collectors of State taxes for the year 1875, for the counties of Calhoun, Matagorda, Brazoria, Harris, Gal- veston and Chambers be directed to remit the collection thereof from all sufferers by the late tornado, and that the collectors shall receive evidence of the actual necessity in each case, and that necessity resulting from the cause aforesaid, and that each collector, aforesaid, shall return upon his rolls a specific entry, indicating the remission and the cause, and that he shall make a separate report, aggregating all the cases thus relieved, to the 306 JOURNAL OF THE [Oa. 15, 1875. Comptroller of the State, who shall make corresponding entry on the records in his office. Mr. McCormick moved to amend Mr. DeMorse's substitute by adding " the county of Galveston." Accepted. Mr. Reai>:an moved to amend by inserting- the word " State " before the word " tax." Accepted. The substitute of Mr. DoMorse. as amended, was accepted by Mr. Russell. , The question then recurring on the adoption of the substitute, it was adopted by the following vote : Yeas — Abernathy, Arnini, Brown, Blassingame, Barnett, Burleson, Brady, Chambers, Cook of Gonzales, Cooke of San Saba, Douglas, DeMorse, Davis of Wharton, Erhard, Ford, Fleming, Gaither, Graves, Henry of Limestone, Haynes, King, Lockett, Lynch, Martin of Hunt, McCabe, Mitchell, McCor- mick, Pauli, Ileagan, Reynolds, Rentfro, Ross, Russell of Harri- son, Sessions, Weaver — 33. Nays — Allison, Blake, Bruce, Crawford, Cardis, Dohoney, Darnell, Davis of Brazos, Ferris, Holt, Henry of Smith, John- son of Franklin, Jolmson of Collin, Kilgore, Lacy, McLean, Mills, McKinney of Walker, Moore, Nor veil, Nugent, Ramey, Robertson of Bell, Russell of Wood, Spikes, Scott, Smith, Stay- ton, Wade, Whitehead, Wright, West, Waelder— 35. The following report and article were then taken u[) : Committee Room, ] Austin, October 8, 1875. ( To the Hon. E. B, Ihcketb^ PreMent of the Convention: Sir — Your Committee on Counties and County Lands, to whom were referred certain resolutions and memorials on the sul)ject of county school lands, have had the same under con- sideration, and instruct me to report the following provision, which they recommend for adoption as a part of the constitution. Res])ectfully, Henky C. King, Chairman Committee. '' All lands heretofore or liereafter granted to the several counties of this State for education or schools, are of right the property of said counties respectively to which tliey were granted, and title thereto is vested in said counties, and no ad- verse possession or limitation shall ever be available against the title of any county. Each county may sell and dispose of its lands in whole or in part, in manner to be ])rovided by the police Oct. 15, 1875.] CONSTITUTIONAL CONVENTION. 307 court of the county. Actual settlers residing on said lands shall be protected in the prior right of purchasing the same to the extent of their settlements, not to exceed one hundred and sixty acres, at the price fixed by said court, whicli price shall not in- clude tlie value of existing improvements made thereon by such settlers. Said lands, and the proceeds thereof when sold, shall be held by said counties alone as a trust for the benefit of public schools therein. Said proceeds to be invested in bonds of the State of Texas, or of the United States, and only the interest thereon to be used and expended annually." The article was ordered engrossed. Mr. Nugent moved to reconsider the vote just taken engross- ing the article. Lost. Mr. Erhard mosed a reconsideration of the vote passing the substitute offered by Mr. De Morse, exempting certain counties from taxation on account of the late flood. Mr. Graves moved to lay the motion on the table. The Convention refused to lay the motion on the table by the following vote : Yeas — Abernathy, Arnim, Brown, Blassingame, Cliambers, Cook of Gonzales, Cooke of San Saba, Cline, DeMorse, Ford, Fleming, Gaither, Graves, Ilaynes, King, Lynch, Martin of Hunt, Mills, Mitchell, McCormick, Reagan, Reynolds, Rentfro, Ross, Russell of Harrison, Stockdale, Weaver — 27. Nays — Allison, Blake, Barnett, Burleson, Brady, Couley, Do- honey, Darnell, Davis of Brazos, Davis of Wharton, Erhard, Ferris, German, Holt, Henry of Limestone, Johnson of Frank- lin, Johnson of Collin, Kilgore, Killongh, Lockett, Lacy, Mc- Lean, McCabe, McKinney of Denton, Moore, Norvell, Nugent, Pauli, Ramey, Robertson of Bell, Russell of Wood, Spikes, Scott, Sessions, Smith, Stay ton, Wade, Wliitehead, Wright, West, Waelder— 41. The question then being on the reconsideration of the vote passing the substitute, the Convention reconsidered it by the fol- lowing vote : Yeas — Allison, Abernathy, Arnim, Blake, Barnett, Burle- son, Bruce, Crawford, Cooke of San Saba, Cardis, Douglas, Dohoney, Darnell, Davis of Brazos, Erhard, Ferris, German, Holt, Henry of Smith, Henry of Limestone, Johnson of Frank- lin, Johnson of Collin, Kilgore, Killough, Lockett, Lacy, Mc- Lean, McKinney of Denton, Moore, Norvell, Nugent, Ramey, Rentfro, Robertson of Bell, Ross, Russell of Wood, Spikes, Scott, 368 JOURNAL OF THE [Oa. 15, 1875. Sessions, Smith, Stayton, Wade, Whitehead, Wright, West, Waelder— 46. Nays — Brown, Blassingame, Cliambers, Cook of Gonzales, DeMorse, Davis of Wharton, Ford, Fleming, Gaither, Graves, Ilajnes, King, Lyncli, Martin of Hunt, McCabe, Mitchell, McCormick, Pauli, Reagan, Reynolds, Russell of Harrison, Stockdale, Weaver, Whitlield— 2i. The question then recurred on tlie passage of the substitute. Mr. Cardis moved to adjourn until to-morrow at 9 o'clock a. m. Lost. Mr. Mills moved the previijus question. Previous question ordered, which was the passage of the sub- stitute. Mr. Mills and Mr. King paired off. Mr. Mills would have voted "nay," and Mr. King "yea." The Convention refused to adopt the substitute by the follow- ing vote : Yeas — Blassingame, Burleson, Brady, Chambers, Cook of Gonzales, DeMorse, Davis of Wharton, Ford, Fleming, Gaither, Graves, Haynes, Lynch, Martin of Hunt, McCabe, McCormick, Pauli, Reagan, Reynolds, Ren tfro, Russell of Harrison, Stockdale, Weaver, Whitlield— 24. Nays — Allison, Abernathy, Arnim, Blake, Barnett, Bruce, Crawford, Cooke of San Saba, Cardis, Douglas, Dohoney, Dar- nell, Davis of Brazos, Flournoy, Ferris, German, Holt, Johnson of Franklin, Johnson of Collin, Kilgore, Killough, Lockett, Lacy, McLean, Mitchell, McKinney of Denton, Moore, Norvell, Nunn, Nugent, Ramey, Robertson of Bell, Ross, Russell of Wood, S])ikes, Scott, Sessions, Smith, Stayton, AV^ade, Whitehead, Wright, West, Waelder— 44. The question then recurred on the ado|)tion of the original ordinance, introduced by Mr. Russell, of Harrison. Mr. Mills paired off with Mr. King. Mr. Mills would have voted "nay," and Mr. King ''yea." The Convention then refused to pass the ordinance by the following vote : Yaes — Blassingame, Brady, Davis of Wharton, Fleming, Graves, Lynch, Martin of Hunt, McCal)e, McCormick, Pauli, Reagan, Reynolds, Rentfro, Russell of Harrison, Weaver and Whitlield— 10. Nays— Allison, Abernathy, Arnim, Blake, P>arnctt, Burleson, Bruce, Crawford, Cliambers, Cook of Gonzales, Cooke of San Saba, Cardis, D(juglas, DeMorse, Dohoney, Darnell, Davis of Brazos, Ford, Flournoy, Ferris, German, Gaither, Holt, Henry Oct. 16, 1875.J CONSTITUTIONAL CONVENTION. 369 of Sinitli, Ilciynes, Johnson of Franklin, Kilgore, Killough, Lockett, Lacy, McLean, Mitchell, McKinney of Denton, Moore, Korvell, Niinii, Nugent, Rame}^, Robertson of Bell, Ross, Russell of Wood, Spikes, Scott, Sessions, Smith, Stay ton, Wade, White- head, Wright, West, Waelder— 52. The following resolution, introduced b}^ Mr. Mills, heretofore, was taken np under the head of unfinished business. Resolved^ That the Secretary of State be requested to furnish this Convention w^ith a statement of the registered vote of the State by counties, as it now stands, and a hundred copies be printed for the use of this body. Lost. On motion of Mr. Brady, the Convention adjourned until 9 o'clock A. M. to-morrow. THIRTY-SIXTH DAY. Hall of Represent atives, Austin, Texas, October 16, 1875. Convention met pursuant to adjournment ; roll called; quorum present ; prayer by the Rev. B. Abernathy, member from Camp. Journal of yesterday read and adopted. Mr. Ramey presented the petition of E. A. Blount, on the subject of framing a constitution. Mr. Flanao-an offered the followino; resolution : Resolved^ That tlie Sergeant-at-arms be required to procure the necessarj' fuel for the use of the Convention, for the remain- der of the session. Adopted. Mr. Allison ottered tlie following resolution : Retiolved^ That all titles to land acquired from Spain, Mexico or Coahuila and Texas, shall be recorded in the county in which the land lies, if not contested, and if contested, suit shall be en- tered in the county in wdiich tlie land lies, before the first day of January, 1880, or they shall be forever barred, notwithstanding any disabilities from married women or minors. Referred to Committee on Lands and Land Office. Mr. Erliard offered the following resolution : From the tenor of the press and public opinion, it is evident that it is extremely doubtful whether the new constitution will 1)6 adopted ; be it therefore 24 370 JOURNAL OF THE [Oa. i6, 1875. Resolved^ That the Governor convene a session of the Legis- lature, thereby avoiding confusion and dissatisfaction. Referred to Committee on State Affairs. On motion of Mr. McLean, the vote adopting the resolution was reconsidered. Mr. Kussell, of Harrison, offered the following amendment to article on Public Lands and Land Office : Amend the article on Public Lands and Land Office with the following : "Sec. — . That claimants to land lying between the Nueces and Rio Grande rivers, and in the counties of El Paso and Presidio, under inchoate or imperfect titles from the government formerly holding sovereignty over said territory, shall have two years from the adoption of this constitution to sue the State for establisliment of such claims, according to the extent originally intended to be granted ; ''''Provided^ that suits to establish sucli claims shall be com- menced and prosecuted in the District Court of Travis county, and shall be defended by the Attorney General, and that each party shall have the right of appeal ; and provided, further, the rights of claimants in such suits shall be decided according to equity and the original intent of the government making the grant. Referred to special Committee on Spanish and Mexican Grants. Mr. West, Chairman of Committee on General Provisions, reported back the following resolution, and recommended its reference to Committee on Taxation and Revenue : Resolved^ That the Legislature nor any county shall ever levy and collect, for county purposes, a tax which shall exceed in the aggregate, in any one year, one-fourth of the amount of the tax levied by the State ; save an excess to build courthouses and jails, and to keep the same in repair; and all taxes so raised shall be levied alone on such subjects of taxation as may be levied by the State. Referred to Committee on General Provisions. Report adopted, and resolutions referred as asked. Mr. Weaver offered the following resolution : Whekp:as, Texas having an historic glory peculiarly her own, as a dependency struggling for liberty against Mexican despot- ism, and as an independent republican nationality, as well as a great State of the United States of America, and in order that her history, colonial, republican and State, may be compiled and preserved ; therefore be it Resolved^ That it shall be the duty of the Legislature to pro- vide for collecting, arranging and safely keeping such records, Oct. i6, 1875.] CONSTITUTIONAL CONVENTION. 371 rolls, correspondence and other documents, civil and military, as may be now in the possession of parties willing to confide their care and preservation to the State. Keferred to Committee on General Provisions. BUSINESS ON THE TABLE. The report of Mr. Ford, as chairman of Committee on State Affairs, against the adoption uf a resolution forbidding the col- lection of debts by law at the expiration of two years after the adoption of this resolution, was taken up and adopted. Also the report against tlie memorial in favor of establishing ''an effectively organized department of health and vital statis- tics," was taken up and adopted. Mr. Ballinger presented the memorial of sundry citizens of Brazoria county, asking for an uniform system of sanitary regu- lations. Referred to Committee on General Provisions. '-'- Article — , Executive Department," as engrossed, taken up. Mr. Abernathy proposed to amend section 21, line 182, by inserting " twenty-five hundred " instead of '' two thousand." Lost by the following vote : Yeas— Allison, Abernathy, Brown, Blake, Ballinger, Blassin-^ game, Burleson, Bradv, Crawford, Cook of Gonzales, Cooke of San Saba, Cline, Cooley, Cardis, DeMorse, Dohoney, Darnell, Davis of Brazos, Davis of Wharton, Ford, Fleming, Ferris, Gaither, Llenry of Limestone, King, Kilgore, Killough, Lynch, McCormick, Moore, Nunn, Reagan, Ramey, Rentfro, Ross, Russell of Harrison, Smith, Stockdale, Stay ton. Wade, Wright, Weaver, Whitfield, West, Waelder— 45. Nays — Arnim, Abner, Barnett, Bruce, Chambers, Douglas, Dillard, Flournoy, Flanagan, German, Graves, Holt, Haynes, Johnson of Franklin, Lockett, Lacy, McLean, Martin of Navarro, Martin of Hunt, McCabe, Mills, McKinney of Denton, McKin- ney of Walker, Murphy, Norvell, Nugent, Pauli, Reynolds, Robertson of Bell, Russell of Wood, Spikes, Scott— 32. Mr. McLean proposed the following amendment to section 2, line () : Strike out the words " except Secretary of State," and in sec- tion 21, line 174, strike out all after the word " State" down to and including the word " elect " in line 176, and insert^ " who shall hold his office for two years and until his successor is duly qualified." Mr. McLean's amendment lost by the following vote : Yeas— Abner, Blassingame, Brady, Cooley, Cardis, Dillard, Davis of Wharton, Flanagan, Gorman, Johnson of Franklin, 372 JOURNAL OF THE \Oct. i6, 1875. Lockett, McLean, Martin of Hunt, McCabe, Mills, Mitchell, McKinney of Denton, McKinuey of Walker, Moore, Pauli, Reynolds, Rentfro, Russell of Harrison, Scott, Weaver, West— 2G. Nays — Allison, Abernathy, Arnim, Brown, Blake, Ballinger, Barnett, Burleson, Bruce, Crawford, Chambers, Cook of Gon- zales, Cooke of San Saba, Cline, Douo-las, DeMorse, Dohoney, Darnell, Davis of Brazos, Ford, Flournoy, Flemiug, Ferris, Gaither, Graves, Holt, Henry of Smith, Flenry of Limestone, Haynes, King, Kilgore, Iviliough, Lacy, Lynch, Martin of Navarro, McCormick, Murphy, Norvell, Nunn, Nugent, Reagan, Ramey, Robertson of Bell, Ross, Russell of Wood, Spikes, Ses- sions, Smith, Stockdale, Stayton, Wade, Wright, Whitfield, Waelder— 54 Mr. Weaver moved to reconsider the vote refusing to increase the salary of the Secretary of State to $2500. Mr. Mills moved to lay the motion on the table. Carried. Mr. Waelder proposed to amend sec. 23, line 208, by striking out the word '* article " and inserting " section." Adopted. Mr. King proposed to amend sec. 9, lines 55, 56 and 57 : Amend sec. 9 by substituting in lines 55, 56 and 57, beginning at the word '" He "' and ending with the word " vouchers,'- by substituting the following : " lie shall account to the Legislature for all public moneys received and paid out by him from any funds subject to his order with vouchers, and shall accompany his message with a statement of the same." Adopted. Mr. Ferris proposed to amend sec. 23, line 207, by striking out tlie words, " or other compensations." Adopted. Mr. Dohoney i)roposed to amend sec. 4, line 28, by inserting after tlie word '' installed :" '' He shall not be elegible to election more than four years out of six successive years." Lost. Mr. Moore proi^osed to amend sec. 4, line 27, by striking out the word " two " and inserting " four." Mr. Mills moved to lay the amendment on tlie table. The Convention refused to lay on the table by the following vote : Yeas — Allison, Abernathy, Abner, Brown, Blassingame, Bar- nett, Bruce, Chand)ers, Cook of Gonzales, Cooley, Douglas, Dil- lard, Dohoney, Darnell, Davis of Wliarton, Ford, Flournoy, Oct. i6, 1875.] CONSTITUTIONAL CONVENTION. 373 Flanagan, German, Graves, Holt, Hajnes, Johnson of Franklin, Martin of Navarro, Martin of Hunt, Mills, McKinney of Denton, Xorvell, Nugent, Russell of Harrison, Russell of Wood, Spikes, Scott, Sessions, Wade, West — 36. l^AYS — Arnini, Ballinger, Burleson, Brady, Crawford, Cooke of San Saba, Cline, DeMorse, Davis of Brazos, Erliard, Fleming, Ferris, Gaither, Henry of Smith, Henry of Limestone, Kilgore, Ilillough, Lockett, Lacy, Lynch, McLean, McKinney of Walker, McCorraick, Moore, Murpliy, Nunn, Pauli, Reagan, Ramey, Rentfro, Robertson of Bell, Ross, Smith, Stayton, AVright, Whit- iield, Waelder— 37. Mr. Graves moved tlie previous question on tlie whole article. Lost. The question then recurring on Mr, Moore's amendment, it was lost by the following vote : Yeas — Arnim, l)allinger, Burleson, Cline, DeMorse, Davis of Brazos, Erhard, Fleming, Ferris, Gaither, Henry of Smith, Henry of Limestone, Kilo;(>re, Lockett, Lynch, McCormick, Moore, Murphy, Reagan, Ramey, Robertson of Bell, Ross, Smitli, Stayton, Weaver, Whitfield, Waelder— 27. Nays — Allison, Abernathy, Abner, Brown, Blassingame, Barnett, Brady, Bruce, Crawford, Chambers, Cook of Gonzales, Cooke of San Saba, Cooley, Douglas, Dillard, Dohoney, Darnell, Davis of Wharton, Flanagan, German, Graves, Holt, Haynes, Johnson of Franklin, Killough, Lacy, McLean, Martin of Na- varro, Martin of Hunt, Mills, Mitchell, McKinney of Denton, McKinney of Walker, Norvell, Nunn, Nugent, Panli, Rentfro, Russell of Wood, Scott, Sessions, Wade, Wright, West — 44. Mr. Reagan proposed to amend section 5, line 32 : Strike out the words " and no more." Laid on the table. Mr. Ballinger pro])osed to amend section 24, line 218 : Strike out " shall " and insert " may." Lost. Mr. Reagan proposed to amend section 11, line 65, and line 71, by inserting the words '' of punishment " after the word " commutation." Adopted. Mr. Ferris offered the following amendment : Amend section 14, line 112, by striking out the words " while approving " and inserting the words " and approve." Adopted. Mr. Brown offered the following amendment : Insert after the word " public," in line 231, the words " having 374 JOURNAL OF TttE \Oci. i6, 1875. regard to the convenience of population, and not to exceed ten." Adopted. Mr. Waelder moved to reconsider the vote just taken. Carried. The question then recurring on the passage of the amend- ment, it was lost by the following vote : [Mr. Reagan in the chair.] Yeas — Brown, Blake, Chambers, Cline, Dillard, DeMorse, Erhard, Ford, Gaither, Graves, Henry of Limestone, Lockett, Lacy, Lynch, McLean, Mitchell, McKinney of Denton, Moore, Murphy, Reagan, Ramev, Rentfro, Robertson of Bell, Russell of Wood, Whitfield- 25^; Nays — Allison, Abernathy, Arnim, Aimer, Ballinger, Blassin- game, Barnett, Burleson, Bruce, Crawford, Cook of Gonzales, fcooke of San Saba, Cooley, Douglas, Dohoney, Darnell, Davis of Brazos, Flemina", Ferris, Flanagan. Holt, Henry of Smith, Johnson of Franklin, King, Kilgore, Killongh, Martin of Na- varro, Martin of Hunt, Mills, McKinney of Walker, McCor- mick, Norvell, Nunn, Nugent, Pauli, Ross, Russell of Harrison, Spikes, Scott, Smith, Stockdale, Stayton, Wade, Wright, Weaver, West, Waelder — 47. Mr. Ferris moved to strike out the words " they are,'' in sec- tion 8, line 51, and insert "it is.'' Lost. Mr. Dillard moved to amend section 5, line 32, by striking out the word "also." Ado])ted. Mr. Kilgore proposed to amend section L5, line 127, by strik- iner out all after the word "vote'' "to" and insert the word " in." Lost. Mr. Cline proposed to amend by adding to section 26 the words " and keep a record of original acts, with the signatures of the parties and witnesses, executed before them, and deliver same to their successors, or the county clerk." Lost. Mr. Fleming moved the previous question on the passage of the article. The yeas and nays were ordered, and the ordinance passed by the following vote : Yeas — Allison, Abernathy, Arnim, Abner, Brown, Blake, Ballinger, Blassingame, Barnett, Burleson, Bruce, Crawford, Chambers, Cook of Gonzales, Cooke of San Saba, Douglas, Dillard, DeMorse, Dohoney, Darnell, Davis of Brazos, Davis Oct i6, 1875.] CONSTITUTIONAL CONVENTION. 375 of Wharton, Ford, Flemina:, Ferris, Flanagan, German, Gaither, Graves, Holt, Henry of Smith, Henry of Limestone, Haynes, Johnson of Franklin, Kilgore, Lacy, Lynch, McLean, Martin of Navarro, McCabe, McKinney of Denton, McKinney of Walker, McCormick, Moore, Murphy, Norvell, Nugent, Pauli, Reagan, Ramey, Reynolds, Robertson of Bell, Ross, Russell of Wood, Spikes, Scott, Sessions, Stockdale, Stayton, Wade, Wright, Weaver. Whitfield, West, Waelder — 65. Nays — Brady, Cline, Lockett, Martin of Hunt, Mitchell, Nunn, Rentfro, Russell of Harrison — 8. The following was then taken from the table and read : " Every member of the Legislature, before entering upon the duties of his position, shall have the following oath administered to him : 'I will faithfully represent the interests of my con- stituency, and the general interests of the State; I will observe and sustain the constitution of the State and the constitution of the United States; and 1 have not, since my election, re ceived, and will not, during the continuance of my term of office, receive any gift, accommodation, free ticket, or compensation from any railroad or other corporate company other than shall be extended to citizens of the State generally ; nor any unusual accommodation or compensation from any private individual,' " Referred to Committee on General Provisions. Report on suffrage taken up on its third reading. Mr. McCormick proposed to amend section 1, line. 6, after word " of," the words " murder, manslaughter, theft." Mr. McKinney, of Walker, offered as a substitute the follow- ing: Add to line 7 the words " or other felony." 'Mr. McCormick accepted Mr. McKinney's amendment. Mr. Dohoney proposed to amend section 1, line 6, by striking out all after the word " convicted," and inserting the words "of any felony." Lost. Mr. Nugent proposed as a substitute to amend section 1, line 7, by adding " murder or theft amounting to felony." Mr. Flournoy proposed the following : Insert the words '^ all persons convicted of any felony except manslaughter." Accepted by Mr. Nugent. Mr. MeCormick proposed the following as a substitute for the fourth sub-division and amendments : " No person , w^hile kept in any asylum, or confined in any prison, or who has been convicted of a felony, or who is of un- S16 JOURNAL OF THE [Oa. i8, 1875. sound miiid, shall be allowed to vote or hold any office in this State." Mr. ^unn asked that the following be read for information : . In line 7, section 1, add " assault to commit rape, murder, assault to commit murder and theft, punished as a felony, em- bezzlement, swindling, an assault with intent to commit robbery, passing counterfeit money, assault with intent to maim, burglary, false swearing, sodomy, bigamy, abortion." On motion of Mr. Allison, tlie Convention adjourned till 9 o'clock A. M. Monday. THTKTY-SEYEXTH DAY. Hall of Eepresentatiyes, I Austin, Texas, October 18, 1875. ( Convention met pursuant to adjournment ; roll called ; quorum present. Journal of Saturday read and adopted. Mr. Ferris as chairman of Committee on Railroad Corpora- tions, reported as follows : CoMMrrTEE Room, } Austin, October 16, 1875. \ To the lion. E. B. Pickett., President of the Contention: The Committee on Railroad Corporations, to whom was re- ferred various resolutions, beg leave to report that they have carefully considered the same, as well as the entire subject -to which they relate, and now recommend that the following sec- tions be adopted by the Convention and incorporated into the constitution. J. W. Ferkis, Chairman. '' RAILROADS. " Sec. 1. Any railroad corporation or association, organized under the law for the purpose, shall have the right to construct and operate a railroad between any points within this State, and to connect at the State line with railroads of other States. Every railroad company shall have the right, with its road, to intersect, connect with or cross any other railroad, and shall receive and transport each the othei's passengers, tonnage and cars, loaded or empty, without delay or discnmination, "under such regula- tions as shall be prescribed by law. Oct iS, 1875.J CONSTITUTIONAL CONVENTION. 377 " Sec. 2. Railways heretofore constrncted, or that may here- after be constructed ill this State, are hereby declared pubb'c highways, and raih'oad companies common carriers. The Legis- lature shall pass laws to correct abuses and prevent unjust dis- crimination and extortion in the rates of freight and passenger tarilfs on the dilferent railroads in tliis State, and shall, from time to time, pass laws estal.lisliing reasonal)le maximum rates of charges for the transportation of passengers and freight on said railroads, and enforce all such laws by adequate penalties. ^' Sec. 3. Every railroad or other corporation, organized or doing business in this State, under the laws or authority thereof, shall have and maintain a public office or place in this State for the transaction of its business, wliere transfers of stock shall be made, and where shall be lve[)t for public inspection books in which shall Ije recorded the amount of capital stock subscribed, the names of the ovvmers of the stock, the amounts owned by them respectively, the amount of stock paid, and by whom, the transfer of said stock, with tlie date of the transfer, the amount of its assets and liabilities, and the names and places of resi- dence of its officers. The directors of every railroad company shall hold one meeting annually in this State, public notice of which shall be given thirty days previously, and shall report annually under oath to the Comptroller, or some officer des- ignated by law, all of their acts and doings, which report shall include such matters relating to railroads as may be prescribed by law. The Legislature shall pass laws enforcing, by suitable penalties, tlie provisions of this section. "Sec. 4. The rolling stock and all other movable property belonging to any railroad company or corporation in this State, shall be considered personal property, and its real and personal property shall be liable to execution and sale in the same man- ner as the property of individuals, and the Legislature shall pass no law exempting any such property from execution and sale. "Sec. 5. No railroad or other corporation, or the lessees, pur- chasers or managers of any railroad corporation shall consolidate the stock, property or franchises of such corporation with, or lease, or purchase the works or franchises of, or in any way con- trol any railroad corporation owning or having under its control a parallel or competing line ; nor shall any officer of such rail- road corporation act as an officer of any other railroad corpora- tion owning or having the control of a parallel or competing line. Sec. 6. If any railroad company organized under the law^s of this State, shall consolidate by sale or otherwise, Avith any rail- 37s Journal of the [oa. is, 1875. road company organized under the laws of any other State, or of the United States, the same shall not thereby become a foreign cor- poration ; but the courts of this State shall retain jurisdiction in all matters which may arise as if said consolidation had not taken place. In no case shall any consolidation take place, except upon public notice of at least sixty days to all stockholders, in such manner as may be provided by law. Sec. 7. No law shall be passed by the Legislature granting the right to construct and operate a street railroad within any city, town, village, or on any public highway, without lirst acquiring the consent of the local authorities having control of the street or highway proposed to be occupied by such street railroad. Sec. 8. No railroad corporation in existence at the time of the adoption of the constitution shall have the benefit of any future legislation, except on condition of complete acceptance of all the provisions of this constitution applicable to railroads. On motion of Mr. Allison two hundred copies ordered to be printed. Mr. Stayton submitted the following minority report : Committee Koom, ) Austin, October 18, 1875. \ To the Hon. E. B. Pickett^ President of the Convention : The undersigned members of your Committee upon Railroad Corporations, while they believe that many of the recommenda- tions contained in the report of the committee are proper and necessary for the protection of the people, j-et they can not con- cur in the recommendations as an entirety. John W. Stayton, Webster Flanagan. On motion of Mr. Flournoy, Messrs. Johnson, of Franklin, Martin, of Navarro, and Crawford were added to Committee on Private Corporations. Mr. DeMorse, chairman of Committee on Revenue and Taxa- tion, made the following report : To the Hon. E. B. Pickett., President of the Convention : Your committee, to whom has been intrusted the considera- tion of the questioTi of revenue and taxation, in the correct solu- tion of whicli are involved the necessity of immediate relief to the over-burdened tax-payers of the State, and at the same time the antagonistic requirements for increase of revenue and avoid- ance of further sale of State responsibilities, have endeavored to Oct i8, 1875.J CONSTITUTIONAL CONVENTION. 379 define a system of taxation based upon consideration of natural rights and upon correct principles of political economy, limiting the assessment and expenditure strictly to legitimate objects of government and to so guard the detinement as to prevent future variance and abuses. With these objects in view, they have directed me to report the accompanying article and ask its consideration by the Con- vention as a portion of the constitution : " Article — . " revenue and taxation. "Section 1. Taxation in this State, as a rule, shall be equal and uniform, and this general principle shall only be departed from in cases of great public emergency, or for the purpose of repressing occupations deemed adverse to the good of societ3\ " Sec. 2. Occupation taxes, being in their nature an infringe- ment upon natural rights of persons, shall be laid only to dis- courage pursuits immoral in their tendency or not strictly use- ful, or as a discrimination against itinerant traders. *' Sec. 3. Ad valorem taxation shall be the rule, and when- ever it may be necessary to depart from it for extraordinary rea- sons, the extension shall first commence by taxation of incomes. " Sec. 4- The legislative power to tax shall extend only to the levying of such an amount as shall suiiice to pay the necessary expenses ot the government of the State, the support of its asylums for the unfortunate ; provision for the ordinary expenses of the courts (including cost of libraries) and the payment of their ofii- cers ; the public defence ; the maintenance of the peace ; the ar- rest of criminals ; the survey of the public lands or geo- logical survey of any portion of the State; the mainte- nance of the public schools ; the enforcement of the laws ; the payment of the floating or unfunded debt ; the maintenance of quarantine regulations ; and to the payment of the principal and interest of the bonded public debt, and shall not extend to any system of public improvements, except the erection of neces- sary public buildings, and the improvement and ornamentation of the grounds attached thereto ; and any proposition to appro- priate public money for any purpose deemed of public benefit, and not herein stated, including the erection of any public build- ing whose cost shall exceed a half million dollars, shall be re- ferred by action of the Legislature to the people at a general election, and two thirds of the popular vote approving, may be authorized by subsequent approval of a majority of the Legisla- 330 JOURNAL OF THE {Oct. i8, 1875. tiire, for a leA\y not exceeding in amount two per cent, of tlie property in tlie State returned for taxation. " Sec. 5. 1^0 taxes shall be levied for the constrnction or im- provement of any roads. '' Sec. 0. Ad valorem taxation for State nses shall never exceed fifty cents npon the hundred dolhirs value of property ; nor shall general county taxation (except for the su])port of the indigent) exceed one-half the general State tax ; provided., that all counties sliall have the riglit to levy tax for the payment of indebtedness alread}' accrued and for tlie establishment of county poor-farms, first availing themselves of all convict labor which ma}- be pro- vided by tliis constitution. 1 " Sec. 7. The police or commissioner ""s court of any county desiring to buihl a courthouse, jail or other public building, or to establish a county farm for the maintenance of the poor, may, at any time, on sixty days' notice in the public prints of the county, or by posters in large type, at all public places, if there shall be no public prints, submit to the tax-payers of tlie county a proposition to authorize the work required, with responsible estimates of tlie cost thereof, and if at the election for that pur- l^ose, a majority of the tax-payers of the county shall approve the erection or establishment of the proposed improA^ement, then the legal authorities may proceed to contract therefor, and pro- vide for the completion of the pro[)osed work, in the manner stated and authorized by the popidar vote. " Sec. 8. The municipal taxation of cities and incorporated towns shall be such amount as a majority^ of the tax-payers upon property may sanction by popular vote, to be taken at the gen- eral elections for municipal officers, upon submission of direct propositions, not to exceed annually two ]ier cent, upon the property therein returned for taxation. " Sec. 0. Taxes shall be levied upon all money belonging to individuals, associations, or corporate companies, in possession, on deposit, or loaned at interest ; and on public or corporate bonds or stocks, or solvent individual res])onsibilities ; and this tax sliall not be evaded by temporary removal of such money, bonds or stocks beyond the limits of the State at the usual period of assessment or temporary conversion into other property, to be rescinded at will. " Sec. 1<). The Legislature may levy an income tax upon all agencies of foreign companies doing business within the State, and not otherwise to be reached for purposes of taxation, includ- ing transportation companies by steam or sailing vessels regu- larly engaged in transi)ortation of passengers or freight to and from the ports of the State. Oct. i8, 1875.J CONSTITUTIONAL CONVENTION. 381 '* Sec. 11. Municipal corporations and voting precincts shall have power to detennine by a vote uf the niajortty of the quali- fied electors, to be ascertained in some mode to be defined by law, whether the sale of spirituous liquors shall be permitted in their midst, and tlie action of any license law which may be passed by tlie Legislature shall be subject to this local option. " Sec. 12. The investment l)y treasurers or other oflicers to whom tlie collection or safe-keeping of public money is intrusted, of any portion of said money for their own use or fur profit, or the traliic in State or county warrants by such custodians of the public moneys, or comptrollers, or county clerks, having the issuance of such warrants, whether done directl}^ or by collusion with other persons, shall be deemed a felony, and punished under the laws of the State as such. " Sec. 13. The State, nor any county, or city, or town thereof, shall ever subscribe stock to any enterprise, railroad, or other corporate bod 3^, nor shall any citizen ever be taxed either by the State, or any county, city, or other political division thereof, as a gratuity to any individual, corporate body or other association ; nor shall the State, or any county, city or town thereof, loan its credit or in any manner become responsible for the indebtedness of any individual, association or corporate company. "Sec. 14. There shall be elected in each county of the State, an assessor of taxes, who shall, under the instruction of the Comptroller of the State, assess all taxable property situate in such county, and forward the rolls containing such assessment to the Comptroller, and keep a copy thereof in a bound book as a county record, in the ofiice of the County Clerk, subject to the inspection of the Police Court, the Board of Equalization, and every citizen interested, and shall deliver to the collector of the county another full and complete copy, on all of which copies the names of the tax-payers shall be alphabetically arranged, and opposite to each name a continuous statement of the property rendered by each, or assessed against him, and its assessed value and the tax due thereon. " Sec. 15. The sheriif of each county shall be the collector of taxcL therefor, and he shall, upon tlie rolls or record furnished him by the county assessor, and such additional information as he shall receive from the Comptroller of the State, proceed within the times fixed by law^, to collect the taxes due froiji each individual in the county, and every corporate company or asso- ciation reported to him as indebted for taxes, and he shall promptly, at the end of every month, pay over to the county treasurer such portion of his collections as may belong to the 382 JOURNAL OF THE [Oa. i8, 1875. county, and remit to the Comptroller such portion of his col- lections as belono^ to the State, which payment shall be credited upon the record by the Comptroller, and the usual deposit cer- tificate given to the sheriff or liis representative, and the money remitted shall then be paid to the State Treasurer, who shall 2;ive his receipt therefor. " Sec. 16. The Legislature shall, at its first session after the adoption of this constitution, determine by law the rate of com- pensation to be paid assessors of taxes and collectors of taxes, either by fixed salary, ])r()porti(>ned to amount of l)usiness, or by commissions upon amounts assessed or collected, in no case ex- ceeding three thousand dollars in amount. "Sec. 17. All real property rendered by any individual, or assessed against him by the county assessor, or the Com])troller of the State, shall be held liable for all his taxes, whether upon real or personal pro|)erty, and no conveyance of real estate, after rendition for tax, and prior to tlie usual period for collection, shall relieve the purchaser from this lien in behalf of the State. "Sec. 18. All the property of any railroad company, or any single proprietor of a railroad, shall be returned in the several, counties in which said property lies, including so much of the roadbed as shall be in each county. The rolling stock may be reported in gross in the county where the principal office of the company is located, and the tax paid upon it shall be appor- tioned by the Comptroller, pro rata^ among the several counties through which the road passes, as a part of their tax assets. " Sec. 19. There shall be exempted from taxation only churches, pul)lic asylums, county i)rop(irty used for public pur- poses; the property used by universities, colleges and schools ; libraries (exce])t law anci. medical libraries); philosophical appa- ratus in use ; the lands and other property used exclusively for agricultural fairs ; clothing in use; and household and kitchen furniture to the value of two hundred and fifty dollars. "Sec. 20. The Legislature at its biennud sessions shall make a])])ro])riations sufficient for the support of the State government for the ensuing two years, and provide for arrearages resulting from deficiency of ])revious appropriations, and shall levy a tax adecpiate to meet these recpiirements, and to ])revent the creation of additioTud debt, and the consequent impairment of the credit of the State. " Sec. 21. Landed ])roperty shall be assessed in the county where it lies, and the tax may be paid in that county or in the county where the owner is resident, or to the Comptroller of the State. Oct. i8, 1875.J CONSTITUTIONAL CONVENTION. 383 " Sec. 22. Lands not rendered for assessment by the owners shall be assessed by the assessor of each county, and in no case shall be vahied at less than Hfty cents per acre. All proceedings to enforce the collection of taxes thereon shall be in rein, with- out reference to the owner or claimant, and taxes on land are declared to be a special lien thereon. " Sec. 23. The Leoislature shall provide by law for summary proceedings in tlie District Courts to enforce collection of taxes by judgment and sale as fast as tax shall become due and be un- paid, all being proceeded against in gross, but judgments ren- dered in severalty, after publication ; and each tract proceeded against being described unmistakably ; and no proceedings which com|)ly with these recpiisites to be held invalid for want of form ; and the deed of conveyance made by the tax collector to the purchaser shall vest a perfect title, subject to impeachment only for fraud or want of jurisdiction, the former owner having right of redemption for two years from date of deed to pur- chaser, upon pay meat of eight times the amount of purchase money paid. " Sec. 2J:. Lands in unorgani;ied counties shall be assessed and proceeded against in the counties to which such unorganized counties shall l)e attached for judicial purposes. " Sec. 25. The sheriff, county clerk and chief justice shall com- pose a board of equalization in each county, to hear appeals by property holders atid determine the just value of the property rendered for taxation. " Sec. 26. The Comptroller of the State shall prepare a list of all lands, assessed or unassessed, for each separate county, and assess upon the portion unrendered all the present and back tax due thereon, and transmit to each collector of taxes the list pre- pared for his county; upon which list the collector shall proceed as herein prescribed. "Sec. 27. The fiscal year shall commence the first of May, and end the last of April ; assessments of taxes shall date from the first day of January of each year, and the collections shall commence on the first of December and shall be closed by the first day of April following, until otherwise provided by law." On motion of Mr. Allison, 200 copies of the report and article were ordered printed. UNFINISHED BUSINESS. Article — , " Suffrage," with pending amendments, taken up. On motion of Mr. Scott, the pending amendments were laid on the table. 384 JOURNAL OF THE {Oct i8, 1875 Mr. Allison otferecl the following amendment : Section 1. Add "Provided pardons by the Governor shall restore tlie right of voting." Mr. Kilgore ottered the following ::^ -a snbstitute for the amendment : Add to line Y, subdivision 4, the words, '' unless pardoned by the Governor." Accepted. Mr. Ferris proposed to amend l>y adding the following to line T : •■'Unless relieved by a pardon or by act of the Legislature." Lost. Mr. DeMorse offered* the following as a substitute for the amendment : ''Provided^ That the privilege of francldse may at any time be restored by the Governor upon application by the party dis- franchised, supported by the recommendation of (citizens of good character residing in his own county." Lost. Mr. Reagan offered the following amendment to section 1 : Strike out lines (3 and 7, and add : '' And the Legislature shall })rovide for the cases in which persons shall be excluded from voting on account of their having been convicted of felonies." Mr. Allison's amendment was lost. Mr. Crawford called for a division of the que^ition on Mr. Rea- iian's amendment. Ruled out of ordei-. Tlie hour having arrived for considering the sperial order, viz : " Article — , Legislative Department," on motion of Mr. Scott it was postponed until the pending business should be disposed of. Mr. Reagan withdrew his amendment. Mr. Dohoney moved to amend section 1 by striking out the words, '' ljri]>ery, jjerjury, forgeiw, arson, rape or robbery," and insert, " all persons convicted of felony, subject to such excep- tions as the Legislature may make." Mr. D«)lioney moved to reconsider the vote taken yesterday refusing to adopt his amendment to section 1 by striking out all of line () after tlie word "convicted," and inserting the v/ords " of any felony." On motion of Mr. Flanagan, tlie main (juestion was ordered. ^ Mr. Dohoney's amendment was adopted 1)y the following vote: Yeas — Allison, ^Vbernatliy, Arnim, Abner, Brown, Blake, Ballinger, JJarnett, Burleson, Ihnice, Cham])ers, Cook of Gonzales, Cooke of San Saba, Douglas, Dillard, DeMorse, Dohoney, Dar- Oct i8, 1875.] CONSTITUTIONAL CONVENTION. 385 nell, Davis of Brazos, Davis of Wharton, Erhard, Ford, Flonrnoy, Fleming, Ferris, Flanagan, German, Gaither, Graves, Holt, Henry of Smith, Henry of Limestone, Haynes, Johnson of Franklin, King, Kilgore, Killongh, Lacy, Lynch, McLean, Martin of Navarro, Martin of Hunt, McCabe, McKinney of Denton, McKinney ol Walker, McCormick, Murphy, Norvell, Niinn, Paoli, Keagan, Ramey, Robertson of Bell, Robeson of Fayette, Ross, Russell of Harrison, Russell of Wood, Spikes, Sessions, Smith, Stockdale, Stayton, Wade, Whitehead, Weaver, Whitfield, West, Waelder— 68. Nays — Crawford, Cline, Cooley, Lockett, Mills, Mitchell, Reynolds, Rentfro, Scott, Wright — 10. Mr. Allison offered the following amendment : Section 2, strike out line 22, and add : " Provided that elec- tors in unorganized counties may vote in any county of the dis- trict to which their county is attached." On motion of Mr. Fleming laid on the table. Mr. Brown moved to strike out in line 29, section 2, the words " district or." Carried. Mr. Kilgore offered the following amendments : Insert at the end of section 2 the words : " Provided that electors living in any unorganized county may vote at any elec- tion precinct in the c^ounty to which such county is attached." Adopted. Also amend section 2, line 21, by inserting after the word ^' the " the word " election." Adopted. Mr. Wade proposed to strike out " class " in line 30 and insert " persons." Adopted. The question then recurring upon the passage of the article, the yeas and nays were called and the article passed by the fol- lowing vote : Yeas — Mr. President, Allison, Abernathy, Arnim, Abner, Brown, Blake, Ballinger, Blassingame, Barnett, Bruce, Cham- bers, Cook of Gonzales, Cline, Douglas, Dillard, DeMorse, Darnell, Davis of Brazos, Davis of Wharton, Erhard, Ford, Flournoy, Ferris, Flanagan, German, Gaither, Graves, Holt, Henry of Smith, Henry of Limestone, Haynes, Johnson of Franklin, King, Killough, Lockett, Lacy, Lynch, McLean, Martin of Navarro, Martin of Hunt, McCabe, McKinney of Denton, McKinney of Walker, Murphv, Norvell, Nugent, 25 386 JOURNAL OF THE [Oa. i8, 1875. Ramey, Ross, Russell of Harrison, Russell' of Wood, Spikes, Scott, Sessions, Smith, Stajton, Wade, Whitehead, Weaver, Whitfield, Waelder— 61. Nays — Brady, Crawford, Dohoney, Fleming, Kilgore, Mills, Mitchell, McCormick, Nunn, Panii, Reagan, Reynolds, Rentfro, Robertson of Bell, Robeson of Fayette, Stockdale, Wright, West— 18. ^ The special order, viz : '' Article — , Legislative Department," was again taken up. Mr. Abernathy offered the following as a substitute for the pending amendment and section 51 : " Sec. 51. The Legislature shall have no power to make any grant or authorize the making of any grant of public money or lands to any individual, association of individuals, municipal or other corporations whatever ; provided, that this shall not be construed so as to prevent the actual settler from his home on public land, as provided by law; a?id provided further, that this shall not be so construed as to prevent the grant of aid in the case of public calamity." Mr. Fleming moved to lay the substitute and pending amend- ment on the table. Carried by the following vote : Yeas — Allison, Abner, Blake, Ballinger, Burleson, Cook of Gonzales, Cline, Cooley, Cardis, Dohoney, Davis of Brazos, Davis of Wharton, Ford, Flournoy, Fleming, Flanagan^ Gaither, Henry of Smith, Henry of Limestone, Haynes, Johnson of Franklin, King, Kilgore, Killough, Lockett, Lacy, Lynch, Mc- Lean, Martin of Navarro, McCabe, Mitchell, McKinney of Walker, McCormick, Murphy, Nunn, Pauli, Reagan, Reynolds, Ross, Russell of Harrison, Sessions, Smith, Stockdale, Stay ton. Whitehead, Whitfield, Waelder— 47. Nays — Abernathy, Arnim, Brown, Blassingame, Barnett, Brady, Bruce, Crawford, Chambers, Cooke of San Saba, Doug- las, DeMorse, Darnell, German, Graves, Holt, Martin of Hunt, Mills, McKinney of Denton, Norvell, Nugent, Ramey, Rentfro, Robertson of Bell, Robeson of Fayette, Russell of Wood, Spikes, Scott, Wade, Wright, Weaver, West — 32. Mr. Kilgore offered the following substitute for section 2 of the article : " Sec. 2. The Senate shall consist of members, and the House of Representatives of members, until the first apportionment after the adoption of this constitution, when, or at any apportionment thereafter, the House of Representatives may be increased ])y a vote of two-thirds of the Legislature." Oct. i8, 1875.] CONSTITUTIONAL CONVENTION. 387 Mr. Martin, of Hunt, offered the following as a substitute for the substitute and section : " Sec. 2. The Senate shall consist of thirty-one members, and shall never be increased above this number. The House of Kep- resentatives shall consist of ninety members until the first appor- tionment after the adoption of this constitution, when, or at any apportionment thereafter, the number of representatives may be increased by the Legislature upon the ratio of not more than one representative for every 15,000 inhabitants ; jprovided^ the num- ber of representatives shall never exceed one hundred and fifty." Mr. Chambers proposed to strike out "thirty" and insert " thirty-one," in the substitute. Accepted by Mr. Martin, and substitute adopted. Mr. Martin, of Navarro, offered the following substitute for the section : "Sec. 2. The Senate shall consist of twenty-five members and the House of Representatives of seventy-five members until the first apportionment after the adoption of this constitution, when, or at any apportionment thereafter, both houses may be increased by the Legislature — the Senate not to exceed thirty- three members and the House of Representatives not to exceed one hundred members." On motion of Mr. Mills laid on the table. Mr. Brown moved to amend the section by inserting " ninety- three " instead of " ninety " members of the House of Repre- sentatives. Adopted. Mr. Robertson, of Bell, offered the following substitute for section 51 : " Section 51. The Legislature shall have no power to make any grant, or authorize the making of any grant, of public money, public land or thing of value to any individual, associa- tion of individuals, municipal or other corporation whatsoever ; provided^ that this shall not be so construed as to prevent the grant of aid in case of public calamity or the grant of head- rights to actual settlers on the public domain." Ruled out of order, the substance of the same having been embodied in the amendment offered by Mr. Abernathy and voted down by the Convention. Yet the Chair submitted to the Con- vention the question as to whether the Convention would enter- tain the substitute. Lost by the following vote : Yeas — Allison, Abernathy, Arnim, Blassingame, Earnett, Brady, Bruce, Chambers, Cooke of San Saba, Douglas, Dillard, 388 JOURNAL OF THE [Ocf. i8, 1875. DeMorse, DarDell, Ferris, German, Graves, Holt, Killougli, McLean, Martin of Hunt, Mills, McKiuney of Denton, Norvell, Kngent, Robertson of Bell, Eobeson of Fayette, Ilussell of Wood, Spikes, Scott, Wade, Wright, Weaver— 32. Nays — Abner, Brown, Blake, Ballinger, Burleson, Crawford, Cook of Gonzales, Cline, Cooley, Cardis, Dohoney, Davis of Wharton, Erhard, Ford, Flournoy, Fleming, Flanagan, Gaither, Henry of Limestone, Ha}Ties, Johnson of Franklin, King, Kil- gore, Lockett, Lacy, Lynch, Martin of Navarro, McCabe, Mitchell, McKinney of Walker, McCormick, Moore, Nunn, Pauli, Reagan, Reynolds, Rentfro, Ross, Russell of Harrison, Sessions, Smith, Stockdale, Stayton, Whitehead, Whitfield, Waelder — 46. Mr. Waelder offered the following amendment : In section 5 strike out the words " the first session under this constitution shall convene on the — day of — 1876." Adopted. Mr. DeMorse offered the following substitute for section 49 : "The Legislature shall have no power to create a public debt under any circumstances, exceeding in amount three hun- dred thousand dollars, and no debt whatever except in case of invasion." Mr. McLean offered the following amendment to the amend- ment : " Nor shall the county court of any county, or the municipal authority of any town or city, ever create any debt against such county, town or city ; ]yromded^ that the towns or cities situated on the coast may incur debt in the erection of works for the safety and protection of life and property against storms, by the vote of those who pay taxes on property in such towns and cities." [Mr. Stockdale in the chair.] Mr. Dillard moved to lay the two amendments on the table. Carried by the following vote : Yeas — Abner, Blake, Ballinger, Burleson, Brady, Crawford, Cook of Gonzales, Cooke of San Saba, Cooley, Cardis, Dillard, Erhard, Flournoy, Fleming, Ferris, Flanagan, Graves, Holt, Haynes, King, Kilgore, Killougli, Lockett, Lynch, Martin of Navarro, McCabe, McKinney of Walker, McCormick, Moore, Murphy, Norvell, Pauli, Reagan, Reynolds, Rentfro, Ross, Russell of Harrison, Spikes, Scott, Sessions, Smith, Stockdale, Stayton, Wade, Whitfield, West, Waelder— 47. Nays — Allison, Abernathy, Arnim, Brown, Blassingame, Bar- nett, Bruce, Chambers, DeMorse, Dohoney, Darnell, German, Gaither, Henry of Smith, Henry of Limestone, Johnson of Oct i8, 1875.] CONSTITUTIONAL CONVENTION. 389 Franklin, Lacy, McLean, Martin of Hunt, Mills, Mitchell, Nunn, Nugent, Eobertson of Bell, Robeson of Fayette, Russell of Wood, Whitehead, Wright— 28. On motion of Mr. Nunn, the Convention adjourned. EYENING SESSION— 2i o'clock. Convention met ; roll called ; quorum present. Pending question, viz : "Article — . Legislative Department," taken up. Mr. Darnell offered the following additional section : " Sec. — . No exclusive privileges shall ever be granted to any corporation organized for the purpose of constructing and run- ning railroad or railroads, or to any other association of in- dividuals for any purpose whatsoever that has heretofore been, or may be hereafter created over any of the public domain, but the said domain shall be held equally open to location by all who may have a just claim against the same.*" Mr. Flournoy offered the following as a substitute for the section : " Sec. — . The Legislature shall not hereafter have the power to reserve from location any particular part of the public domain for future location by any railroad or other incorporate company or any private person." Mr. Wade offered the following amendment to the substitute : "No reservation of public land shall hereafter be made, except the right of w^ay in favor of any corporate company, and all such reservations heretofore made shall be void ; provided^ that no company shall be deprived of its rights in compliance of its charter." Mr. Stockdale moved to refer the section, the substitute and the amendment to the Committee on Public Lands and Land Office. Carried by the following vote : Yeas — Allison, Abernathy, Abner, Brown, Ballinger, Burle- son, Crawford, Cook of Gonzales, Cooley, Cardis, Dillard, De- Morse, Dohoney, Davis of Brazos, Erhard, Ford, Flournoy, Fleming, Ferris, Gaither, Ilenry of Smith, Henry of Lime- stone, Haynes, King, Lockett, Lynch, McLean, Martin of Na- varro, McCabe, Mitchell, McKinney of Walker, McCormick, Moore, Murphy, Norvell, Pauli, Reagan, Ramey, Ross, Russell of Harrison, Sessions, Smith, Stockdale, Stay ton. Wade, Whitehead, Wright, Whitfield, West, Waelder— 60. Nays — Arnim, Blake, Blassingame, Barnett, Bruce, Cham 390 JOURNAL OF THE [Oa. i8, 1875. bers, Darnell, German, Graves, Holt, Lacy, Martin of Hunt, Mills, McKinney of Denton, Nugent, Eobertson of Bell, Robe- son of Fayette, Russell of Wood, Spikes, Scott, Weaver — 21. Mr. Ramey made the following report : Committee Room, Austin, October 18, 1875. To the Hon. E. B. Pickett^ President of the Convention : Sir — Your Committee on Engrossed and Enrolled Ordinances wouid respectfully report to 3^our honorable body that they have carefully examined and compared " Article — , Bill of Rights," and find the same correctly engrossed. Respectfully, Wm. Neal Ramey, Chairman. Mr. Mills proposed to amend section 25, line 126, by adding " or shall a county be entitled to a Senator, unless it has the requisite number of qualified electors." Lost. Mr. Brown proposed to amend as follows : Strike out of section 28 " as follows," and insert " as provided by an ordinance of the Convention on that subject." Adopted. Mr. Nugent ofifered the following substitute for section 5 : " Sec. 5. The Legislature shall meet in regular session once only in every two years, at such time as may be provided by law ; but the Governor may convene the same in extra session whenever he may deem it necessary for the public good." Lost. Mr. Waelder moved to strike out section 41. Carried. Mr. Waelder offered the following additional section : " Sec. — . The Legislature may pass laws for the regulation of live stock and the protection of stock-raisers in the stock-raising por- tion of this State, and exempt from the operation of such laws other portions, sections, or counties, anything to the contrary contained in this constitution notwithstanding." Withdrawn. Mr. Crawford proposed to substitute section 47 by the follow- ing : *' Sec. 47. No lottery shall be authorized by this State, and the buying or selling of lottery tickets within this State is prohib- ited." Mr. Waelder renewed his amendment. Mr. Dohoney proposed to amend Mr. Waelder's amendment, as follows : After the word " State " in line 4 add : " and also in refer- Oct i8, 1875.] CONSTITUTIONAL CONVENTION. 391 ence to fencing for agriculture in the agricultural portions of the State." Accepted by Mr. Waelder. On motion of Mr. Kilgore, Mr. Waelder's amendment and amendments thereto were referred to Committee on General Pro- visions. Mr. Crawford's substitute for section 47 was lost. Mr. West proposed to amend, as follows : Add the following section : " In all elections by the Senate and House of Representatives, jointly or separately, the vote shall be given mva voce^ except in the elections of their officers." Adopted. Mr. Fleming proposed to amend section 56, line 287, by insert- ing between the words " not " and " pass," as follows : " Except as otherwise provided in this constitution." Adopted. Mr. Robertson, of Bell, offered the following amendment: Section 48, in line 246, after the word " schools," insert the words, " not to exceed one-twentieth of the annual revenue." On motion of Mr. Whitfield the amendment was laid on the table. Mr. Brady moved to reconsider the vote refusing to adopt an amendment offered by Mr. Mills, section 26, line 126. Lost. Mr. Moore moved to strike out the words, " of the State has been," from section 2 of the attached article. Carried. Mr. McCormick offered the following section as substitute for section 43 : "Sec. 43. At the first session after the adoption of this constitution the Legislature shall appoint not less than three nor more than ^yq persons learned in the law, whose duty it shall be to revise and arrange the statute laws of this State, both civil and criminal, so as to have but one law on any one subject, all of which shall be in plain English ; who shall act at as early day as practicable and report their labors to the Legislature for their adoption and modification ; and such revision may be made every ten years thereafter." Adopted. Mr. Wade moved to strike out the word " plain " before the word "English" in the amendment. Adopted. Mr. Scott moved to lay the amendment on the table. Lost. 392 JOURNAL OF THE [Oa. i8, 1875. Mr. Ballinger moved to amend the amendment by striking out the words " all of which shall be in plain English." Adopted. Mr. Dohoney moved to reconsider the vote refusing to adopt a substitute offered by himself for section 1. Mr. Clinc proposed to strike out " so as to have but one law on one subject " from section 43. Carried. Mr. Ballinger proposed to amend by adding to section 43 : " And sections 35 and 36, herein, shall not limit the effect which may be given by law to such digest." Adopted. Mr. Brady proposed to amend section 25 by adding : " And no senatorial district shall be formed having less than seven thousand qualified electors." Mr. Dohoney offered the following amendment: " Sec. 1. The Legislature may, at any regular session, pass a joint resolution, submitting the proposition to the qualified electors of the State, whether a constitutional convention shall be called, which proposition shall be voted on at the next gen- eral election, and if a majority of the votes cast at such election shall be in favor of such convention, the Legislature shall, at its next regular session, pass a joint resolution calling such consti- tutional convention. Any constitution framed by such constitu- tional convention shall be submitted to the qualified electors of the State for ratification or rejection." On motion of Mr. Brown, the main question was ordered. Question on the adoption of Mr. Dohoney's amendment was put and amendment lost by the following vote : Yeas — Abernathy, Brown, Ballinger, Barnett, Chambers, Cooley, Cardis, DeMorse, Dohoney, Ford, Ferris, McLean, Mills, Kobertson of Bell, Boss, Sessions, Smith, Wade, Wright, West, Waelder— 21. Nays — Arnim, Abner, Blake, Blassingame, Burleson, Brady, Bruce, Crawford, Cook of Gonzales, Cline, Dillard, Darnell, Davis of Brazos, Flournoy, Fleming, Flanagan, German, Gaither, Graves, Ilolt, Henry of Smith, Henry of Limestone, Haynes, Johnson of Franklin, Kilgore, Killough, Lockett, Lacy, Lynch, Martin of Navarro, Martin of Hunt, Mitchell, McKinney of Denton, McKinney of Walker, McCormick, Murphy, Nor veil, Nunn, Nu2:ent, Pauli, Reagan, Ramey, E-obeson of Fayette, Russell of Harrison, Russell of Wood, Spikes, Scott, Stockdale, Stay ton, Whitehead, Weaver, Whitfield — 52. Yeas — Abner, Brady, Crawford, Cline, Flanagan, Lockett, Oct i8, 1875.] CONSTITUTIONAL CONVENTION. 393 The question on the adoption of Mr. Brady's amendment was then put and the amendment lost by the following vote : Mills, Mitchell, Pauli, Reynolds, Russell of Harrison — 11. Nats — Allison, Abernathy, Arnim, Brown, Blake, Ballinger, Blassingame, Barnett, Bruce, Chambers, Cook of Gonzales, Cardis, Dillard, Dohoney, Darnell, Davis of Brazos, Erhard, Flournoy, Fleming, Ferris, German, Gaither, Graves, Holt, Henry of Smith, Henry of Limestone, Haynes, Kilgore, Kil- lough. Lacy, Lynch, McLean, Martin of Navarro, Martin of Hunt, McKinney of Denton, McKinney of Walker, McCormick, Murphy, Nor veil, Nunn, Nugent, Reagan, Ramey, Robertson of Bell, Robeson of Fayette, Ross, Russell of Wood, Spikes, Scott, Sessions, Smith, Stockdale, Stayton, Wade, Whitehead, Weaver, Whitfield West, Waelder— 59. The question then recurring upon the engrossment of the ar tide, the same was put and the article ordered engrossed by the following vote : Yeas — Allison, Abernathy, Arnim, Brow^n, Blake, Ballinger, Blassingame, Barnett, Burleson, Bruce, Chambers, Cook of Gonzales, Douglas, Dillard, Dohoney, Darnell, Flournuy, Flem- ing, Ferris, German, Gaither, Graves, Holt, Henry of Smith, Henry of Limestone, Haynes, Johnson of Franklin, Killough, Lacy, Lynch, McLean, Martin of Navarro, Martin of Hunt, McKinney of Denton, McKinney of Walker, McCormick, Mur- phy, Norvell, Nunn, Nugent, Reagan, Ramey, Robeson of Fayette, Ross, Russell of Wood, Spikes, Scott, Sessions, Stock- dale, Stayton, Wade, Whitehead, Wright, Weaver, Whitfield, West, W aelder— 57. Nays — Abner, Brady, Crawford, Cline, DeMorse, Davis of Brazos, Davis of Wharton, Erhard, Flanagan, Lockett, Mills, Mitchell, Pauli, Robertson of Bell, Russell of Harrison, Smith —16. On motion of Mr. Brown, the Convention adjourned until 9 o'clock A. M. to-morrow. 394 JOURNAL OF THE [Oa. 19, 1875. THIKTY-EIGHTH DAY. Hall of Representatives, ) Austin, Texas, October 19, 1875. ) Convention met pursuant to adjournment ; roll called ; quo- rum present. Prayer by the Rev. T. B. Lee, Rector of St. David's Chufeli at Austin. Journal of yesterday read and adopted. Mr. Ramey submitted the following report : Committee Room, ) Austin, October 19, 1875. f To t/ie Hon. E. B. Pickett., President of the Convention : Sir— Your Committee on " Engrossed and Enrolled Ordinances" would respectfully report that they have carefully examined and compared a provision " On County School Lands," and find the same correctly engrossed. Respectfully, Wm. Neal Ramey, Chairman. On motion of Mr. German, 200 copies of "Bill of Rights," as engrossed, was ordered to be printed. On motion of Mr. Ramey, 200 copies of the article on " County School Lands," just reported by him, be printed. Mr. Wright ofiered the followed resolution : Whereas, The Congress of the Republic of Texas, by an act passed on the 9th day of January in the year 1841, entitled an " Act to quiet the land titles within the frontier leagues border- ing on the United States of the North," fixed the status of the titles of said lands to a certain extent ; and, Whereas, It becomes the duty of this Convention, so far as it has the power, to aid the settlers who have obtained patents from the State of Texas for lands situated within said border league country from being disturbed by suits on Mexican and Spanish titles, and to protect and quiet said settlers in the titles and pos- session of said lands ; therefore, Pesolved, That all titles granted previous to the 17th day of March, in the year 1836, for one league and labor of land situ- ated within the twenty frontier leagues bordering on the then " United States of the North," be and the same are hereby de- clared void and of no validity ; unless the grantees in said titles actually resided at the time of said grants on the lands to which titles were made ; And on the trial of the validity of any of said grants the grantees shall be compelled to prove, outside of the statements and recitations in said grants, said facts, and shall also be com- Oct. 19, 1875.] CONSTITUTIONAL CONVENTION. 395 pelled to prove a strict and literal compliance with all the con- ditions and requirements connected with said grants and that said grantees, at the time said grants were made, did take actual' possession of said lands so granted in good faith, and have paid all dues and taxes as they have become due up to the time of the institution of said suits. Mr. Wright, of Lamar, asked that it be referred to the Com- mittee on Mexican and Spanish Land Titles and Claims. Referred to Committee on Mexican Land Titles. Mr. Ford offered the following resolution : Besolved^ That the Committee on General Provisions be in- structed to inquire into the propriety of adopting the following as a section of the constitution : " Section — . The Legislature may, when the public interests require it, provide for tlie creation of the oiSce of Commissioner of Insurance, Statistics and History ; and that the salary of said officer shall not exceed two thousand dollars per annum. Referred to Committee on General Provisions. Mr. Moore submitted the following report : CoMMiTi'EE Room, j Austin, October 18, 1875. ( To the Hon. E. B. Pickett.^ President of the Convention : The undersigned members of the special committee of seven, to whom was referred the majority and two minority reports and pending amendments on the subject of public schools, beg leave to report that they have carefully investigated the subject ; and, in view of the conflicting opinions of this body, have agreed on the following eight sections as the most practicable basis, under the circumstances, on which to organize the public free schools of this State. They would further submit that they have also considered the subject of the asylums, and find no cause to change the majority report thereon, heretofore presented, but suggest that it be placed among the general provisions, as it does not appropriately pertain to the public free school system. D. A. NUNN, L. W. MoORE, L. NORVELL, W. p. Ballestger, Marion Martin, L. S. Ross. 396 JOURNAL OF THE [Oa. 19, 1875. '' PrBLIC FREE SCHOOLS. " Section 1. A general diffusion of knowledge being essential to the preservation of the liberties and rights of the people, it shall be the duty of the Legislature of the State to establish and make suitable provision for the support and maintenance of an efficient system of public free schools. " Sec. 2. All funds, lands, and other property heretofore set apart and appropriated for the support of public schools, all the alternate sections of land reserved by the State out of grants heretofore made, or that may hereafter be made, to railroad or other corporations, of any nature whatsoever, one-half of the public domain of the State, and all sums of money that may come to the State from the sale of any portion of the same, shall constitute a perpetual public school fund. " Sec. 3. And there shall be set apart annually not more than one-fourth the general revenues of the State, and a poll tax of two dollars on all male inhabitants in this State between the ages of twenty-one and sixty years, for the benefit of the public free schools./ " Seo. 4. The lands herein set apart to the public free school fund shall be sold under such regulations, at such times, and on such terms, as may be prescribed by law ; and the Legislature shall not have power to grant any relief to the purchasers thereof. The Comptroller shall invest the proceeds of such sale, and of those heretofore made, as may be directed by the Board of Education, herein provided for, in the bonds of this State, if the same can be obtained, otherwise in United States bonds ; and the United States bonds now belonging to said fund shall likewise be invested in State bonds, if the same can be obtained on terms advantageous to the school fund. " Sec. 5. The principal of all bonds or other funds, and the principal arising from the sale of the lands hereinbefore set apart to said school fund, shall be the permanent school fund ; and all the interest derivable therefrom and the taxes herein autliorized and levied shall be the available school fund, which shall be applied annually to the support of the public free schools. And no law shall ever be enacted appropriating any part of the permanent or available school fund to any other pur- pose wliatever ; nor shall the same or any part thereof ever be appropriated to or used for the sup]iort of any sectarian school. And the available school fund herein provided shall be dis- tributed to the several counties according to their scholastic population, and applied in manner as maybe provided by law. " Sec. 6. All lands heretofore or hereafter granted to the seve- Oct 19, 1875.J CONSTITUTIONAL CONVENTION. 397 ral counties of this State for education or schools, are of right the property of said counties respectively to which they were granted, and title thereto is vested in said counties, and no adverse possession or limitation shall ever be available against the title of any county. Each county may sell and dispose of its lands in whole or in part, in manner to be provided by the police court of the county. Actual settlers residing on said lands shall be protected in the prior right of purchasing the same to the extent of their settlement not to exceed one hundred and sixty acres, at the price fixed by said court, which price shall not include the value of existing improvements made thereon by such settlers. Said lands and the proceeds thereof when sold, shall be held by said counties alone as a trust for the benefit of public schools therein. Said proceeds to be invested in bonds of the State of Texas, or of the United States, and only the interest thereon to be used and expended annually. " Sec. 7. Separate schools shall be provided for the white and colored children, and impartial provision shall be made for both. " Sec. 8. The Governor, Comptroller and Secretary of State shall constitute a Board of Education, who shall distribute said fund to the several counties, and perform such other duties con- cerning public schools as may be provided by law. "asylums. "All lands heretofore granted for the benefit of the Lunatic, Blind, Deaf and Dunil), and Orphan Asylums, together with such donations as may have been or may hereafter be made to either of them, are hereby set apart to them respectively, as indicated in the several grants, to provide a permanent fund for the support and maintenance and improvement of said asylums. "And the Legislature may provide for the sale of the lands and the investment of the proceeds in manner as provided for sale and investment of school lands in section 4 of article — , on pub- lic schools." On motion of Mr. Nunn two hundred copies of the report and ordinance were ordered printed, and they were made special order for Saturday next 10 o'clock a. m. Committee Boom, \ Austin, October 18, 1875. j To the Hon. E. B. Pickett., President of the Convention : The undersigned, one of the special committee to which was referred the article reported by the majority ofthe standing Com- mittee on Education, begs leave to dissent from the majority report of said special committee for the following reasons : That while he favors a general diifusion of knowledge, and 898 JOURNAL OF THE [Oa, 19, 1875. believes that it is the duty of individuals as well as governments to encourage and promote this object by all legitimate means in their power, he does not believe that a general system of free public schools can be adopted by Texas at the present time that will afford that efficiency to the desired end as will be satisfac- tory to the friends of free public education, without the levying of a tax upon all the values of the State of from one-third to one- half of one per cent. That the report of the Superintendent of Public Instruction shows that the scholastic population, between the ages of six and eighteen, for the year 1874, was 313,061, and for 1875 it is 339,000, an increase of 26,000 in twelve months. That there was distributed to the scholastic population of 1874, $499,959 05, and that for 1875, $498,330 00, or thereabouts. That after levying a tax of one-fourth of the annual revenue, we lind only one dollar and forty-seven and two-third cents pe7\ capita, to pay the tuition of the scholar for four months, leaving an additional tax (assuming that the tuition will only amount to six dollars for four months) of about four hundred per cent, to be collected from the taxable values of the county. That with the rapid immigration to the State, we may safely calculate that the increase of scholastic population will amount to from twenty-five to thirty thousand annually, giving an an- nual increase in taxation for free public schools of from one hun- dred and eighty to two hundred thousand dollars. That a large proportion of the immigration to the country that will aid in increasing the scholastic population of the State will add but little, if anything, for many years to the taxable values of the State. That any system of public free schools will necessarily increase, even in old settled States and countries, beyond the increase in taxable values. That in the city of Boston the tax for public free schools has increased from $389,829 in 1854-55 to $2,081,043 in 1874-75, an annual increase of $104,052, or nearly thirty per cent. That while this increase of expense in Boston will probably fall far short of the increase of scholastic population in Texas, it is largely in excess of the increase in taxable values in Texas ibr the last four years, which may be assumed as a fair average, as follows : Taxable property for 1872 $211,000,000 Taxable property for 1873 223,000,000 Taxable property for 1874 241,000,000 Probable amount for 1875 250,000,000 Oct. 19, 1875.] CONSTITUTIONAL CONVENTION. 399 That it is evident, if I am correct in the above estimate, that no system of free public schools can be maintained without a practical confiscation of the property of the country, and the striking down of all her industries. That the industrious farmer and mechanic can never rise, or accumulate property, if you levy an annual tribute on him for the education of the children of his less industrious neighbor. That he does not believe that it ever was the intention of the founders of our republican form of government to take the entire control of the education of the children of the country out of hands of the parents or legal guardians. That the history of the country, from the first landing of the Pilgrims down to the present time, will not warrant the con- clusion that any species of compulsory education was intended or would be tolerated. That the appointment of high ofiicials or a commission by the government to select text books that shall be used for the study and training of the youth of the country, is at war with the laws of God, and is subversive of the principles of free speech, liberty of conscience and freedom of thought, as enunciated in 1776, by the authors of American liberty, and re-enunciated time and again since that time. That as the forms and formulas prescribed in religion enslave thought and fetters conscience, so the minds of the youth of the country will be trained to look to government for all their wants and necessities, and finally to regard it as parent, and then as master, would prevent the development of that independent, self-reliant and chivalrous feeling that constitutes one of the best supports of our republican form of government. That taxation for purposes other than the legitimate expenses of the government is in violation of right, where life, liberty and the pursuit of happiness is guaranteed, because it assumes to edu- cate the child in a prescribed manner, contrary to the wish and desire of the parent — taxes him for a purpose that is conjtrary to right and revolting to his conscience, and compels him to sup- port an institution never contemplated by the founders of a republic, because in no way necessary to its perpetuity. That it was not — could not have been the intention of the men of 1836 or 1845 to declare that a system of free public schools should be maintained by a direct tax on the property and indus- tries of the people throughout all time, wdth the standing invita- tion for immigration from all parts of the world. They certainly did not intend to open the way for an uncer- tain annual increase of taxation upon the labor of the country, 400 JOURNAL OF THE [Ocf. 19, 1875. amoiiuting to a probable increase of from twenty to thirty per cent. I can not believe that they intended to fasten on themselves and their descendants a form of government that would guaran- tee an education to the children of all countries (as well as their own) that might think proper to avail themselves of it, without money and without price. I can not believe that Texas did then, or is bound now, to con- script the industries of the country to support and maintain an institution, not only not essential to the maintenance of a free government, but absolutely subversive of both civil and religious liberty. That it was not the intention, as it was not the policy of the framers of the constitutions of 1836 or 18tt5 to do more than to encourage education, and to aid the schools of the country that might be established by individual enterprise and money, by the donation of lands and a portion of the money received for the sale of our north-western territory, an amount sufficient to edu- cate all the indigent orphans of the country. The undersigned would, therefore, offer the following article as a substitute for the one offered by the majority of the com- mittee. All of which is respectfully submitted. E. S. C. Robertson. " Article — . " Section 1. To promote the general diffusion of knowledge the lands heretofore set apart by the Republic or State of Texas, and the mone^^s, bonds and other property now owned by the State, which have been devoted to the use of public free schools, shall constitute the basis of a permanent fund, to be called the General Educational Fund ; ^^ Provided, That the title to lands given to the State for the use and benefit of ^^?i5Z^c free schools shall be surrendered to the donors at their option ; but the right of the State to improve- ments put upon said lands by the State shall not be hereby affected. '^ Sec. 2. The Legislature shall provide for the sale of all lands set apart in section 1 of this article as soon as practicable, which have been located, or which may hereafter be located, by railroad or other corporations, and for the sale of all other property there- in set apart ; and all moneys derived from the same shall be in- vested in bonds of the State of Texas. " Sec. 3. The interest accruing on the General Educational Fund shall be distributed annually by the Comptroller of Public Ac- Oct 19, 1875.] CONSTITUTIONAL CONVENTION. 401 counts between the respective counties of the State, according to their scholastic population, as follows : "1. To the payment of tuition for four months in each year of all the indigent orphan children of the State between the ages of eight and sixteen years ; the remainder to be applied j^r6> rata to the payment of tuition of all children of the State within said ages ; and the Legislature may set aside not more than one- twentieth of the annual revenues of the State in aid of said Gen- eral Educational Fund." On motion of Mr. Stockdale, 200 copies of this report and article were ordered printed, and made special order for Satur- days at 10 o'clock A. M. Mr. Darnell reported as follows : Committee Room, ) Austin, October 19, 1875. J To the Hcni. E. B. Pickett^ President of the Convention: The Committee on Public Lands and Land Office, to whom was preferred the annexed resolution concerning Spanish land titles, beg leave to report that they have examined the same, and recommend that it be referred to the select committee on Mexi- can and Spanish Laud Titles. Respectfully submitted, N. H. Daknell, Chairman. Report adopted, and resolution referred as indicated. Mr. Haynes offered the following resolution : Resolved^ That Joseph Junker, the porter in charge of the State Library, in addition to his present duties, be required to do the engrossing and enrolling of the Convention, and that his pay be increased to five dollars per day, to commence from this date. Adopted. Mr. Cook, of Gonzales, offered the following resolution : Resolved^ That the Committee on General Provisions be, and they are hereby, instructed to inquire into the expediency of requiring the Legislature to meet next after the adoption of this constitution, to set apart and appropriate, out of the available school fund, for the current year, the sum of four hundred thou- sand dollars, or so much thereof as may be necessary to pay the teachers of public schools for services rendered prior to first day July, A. D. 1873, and report by ordinance or otherwise. Referred to Committee on General Provisions. BUSINESS ON the TABLE. Majority and minority reports on immigration taken up. Mr. Russell, of Wood, offered the following resolution, to accompany the majority report : 26 402 JOURNAL OF THE \0a. 19, 1875. Resolved^ That the following provision be placed in the con- stitution, under the head of " General Provisions " : " Sec. — . The Legislature shall have no power to appropriate an}^ of the public money for the establishment and maintenance of a Bureau of Immigration or for any purpose of bringing im- miscrants to this State." [Mr. Darnell in the chair.] Mr. Reagan offered the following amendment to section 1 of the article reported by the minority of the committee signed by Messrs. Waelder and Pauli : Amend by striking out the proviso in lines 68, 69 and 70, and insert, ^^ provided^ that the moneys expended by this bureau shall be for the collection and dissemination of information on these subjects, and that no mone}^ shall be paid out for bringing immi- grants to the State." Accepted. Mr. Whitfield proposed to amend the article of the minority report, as amended by Mr. Reagan, as follows : Section 1, line 68, strike out all after the word " provided," and insert : " that the Legislature shall never make any appro- priation to defra}^ the expenses of immigrants to this State ; and provided further^ that said bureau shall not cost exceeding five thousand dollars per year." On motion of Mr. Abernathy, the main question was ordered. The question on the adoption of Mr. Whitfield's amendment was put and the amendment lost by the following vote : Yeas— Allison, Blake, Crawford, Cook of Gonzales, DeMorse, Dohoney, Davis of Brazos, Ford, Henry of Smith, Henry of Limestone, Haynes, McCormick, Murphy, Nugent, Ross, Smith, Wade, Whitfield— 18. Nays — Abernathy, Arnim, Abner, Ballinger, Blassingame, Barnett, Burleson, Brady, Bruce, Chambers, Cline, Cardis, Douglas, Dillard, Davis of Wharton, Erhard, Flournoy, Fleming, Ferris, Flanagan, German, Gaither, Graves, Holt, Johnson of Franklin, Johnson of Collin, King, Killough, Kilgore, Lockett, Lacy, Lynch, McLean, Martin of Navarro, Martin of Hunt, McCa'be, Morris, Mills, Mitchell, McKinney of Walker, Norvell, Nunn, Pauli, Reagan, Ramey, Reynolds, Rentfro, Robertson of Bell, Robeson of Fayette, Russell of Harrison, Rus- sell of Wood, Spikes, Scott, Sessions, Stockdale, Stayton, San- som. Whitehead, Wright, Weaver, West, Waelder — 62. The question was then put on the adoption of the article re- ported by Messrs. Waelder and Pauli, as amended by Mr. Reagan. Oct. 19, 1875.] CONSTITUTIONAL CONVENTION. 403 The yeas and nays being called, the article was lost by the following vote : Yeas— Blake, Ballinger, Burleson, Crawford, Cline, DeMorse, Erhard, Flanagan, Henry of Smith, Henry of Limestone, King, Kilgore, Lockett, Lyncli, Martin of ISTavarro, McCabe, Morris, Mills, Mitchell, McKinney of Walker, McCormick, Murphy, Fauli, Reagan, Reynolds, Russell of Harrison, Sessions, Smith, Stockdale, Stayton, Whitfield, West, Waelder— 33. Nays — Allison, Abernathy, Arnim, Abner, Brown, Blassin- game, Barnett, Bruce, ChamlDers, Cook of Gonzales, Cooke of San Saba, Douglas, Dillard, Dohoney, Darnell, Davis of Brazos, Flournoy, Fleming, Ferris, German, Gaither, Graves, Holt, Haynes, Johnson of Franklin, Johnson of Collin, Killough, Lacy, McLean, Martin of Hunt, McKinney of Denton, Norvell, Nunn, Nugent, Ramey, Rentfro, Robertson of Bell, Robeson of Fayette, Ross, Russell of Wood, Spikes, Scott, Sansom, Wade, White- head, Wright, Weaver — 47. [President in the chair.] The chair decided that the main question was not exhausted until a vote upon the engrossment of Mr. Russell's (of Wood) resolution offered this morning. Mr. Stockdale made this point of order, viz. : that under the rules Mr. Russell's (of Wood) resolution should be referred to a committee, printed, and laid upon the desks of delegates before it could be engrossed. The Cliair ruled against this point, and ordered the vote upon the engrossment, which resulted in engrossing the resolution by the following vote : Yeas — Allison, Abernathy, Arnim, Abner, Blassingame, Bar- nett, Bruce, Crawford, Chambers, Cooke of San Saba, Douglas, Dillard, Dohoney, Darnell, Davis of Brazos, Flournoy, Ferris, German, Gaither, Graves, Holt, Haynes, Johnson of Franklin, Johnson of Collin, Kilgore, Killough, Lacy, McLean, Martin of Hunt, McKinney of Denton, Norvell, Nugent, Ramey, Robert- son of Bell, Robeson of Fayette, Russell of Wood, Spikes, Scott, Stockdale, Sansom, Wade, Whitehead, Wright, Weaver — 44. Nays — Brown, Blake, Ballinger, Burleson, Brady, Cook of Gonzales, Cline, DeMorse, Davis of Wharton, Erhard, Ford, Fleming, Flanagan, Henry of Smith, Henry of Limestone, King, Lockett, Lynch, Martin of Navarro, McCabe, Morris, Mills, Mitchell, McKinney of Walker, McCormick, Murphy, Nunn, Pauli, Reagan, Reynolds, Rentfro, Ross, Russell of Harrison, Sessions, Smith, Stayton, Whitfield, West, Waelder — 39. 404 JOURNAL OF THE [Oa, 20, 1875. Mr. McLean moved to reconsider the vote and to lay the mo- tion on the table. On motion of Mr. Mills, the Convention adjourned until 9 o'clock A. M. to-morrow. THIRTY-NINTH DAY. Hall of Repkesentatives, \ Austin, Texas, October 20, 1875. ) Convention met pursuant to adjournment ; roll called ; quorum present. Prayer by the Rev. T. B. Lee, of St. David's Church. Journal of yesterday read and adopted. On motion of Mr. McKinney, of Walker, Mr. Ross was ex- cused until Monday next. On motion of Mr. Robeson, of Fayette, Mr. Moore was ex- cused until Saturday next. Mr. Russell, of Wood, submitted the following report of a ma- jority of Committee on Revenue and Taxation : Committee Room, ] AusTD^, October 18, 1875. ( To the Hon. E. B. Pickett^ President of the Convention : The undersigned, constituting a portion of the Committee on Revenue and Taxation, regret that they can not concur in that portion of the report of said committee which provides that taxes on real and personal property due by non-residents may be paid at the Comptroller's Office in Austin or in the county where the non-resident tax-payer resides, instead of being paid to the col- lector of taxes in the county where the property is situated. We believe that enormous wrongs liave heretofore been perpe- trated by non-resident tax-payers in not rendering their lands for taxation at all, and in inadequate valuation on property, both real and personal, and in the privilege heretofore granted that class of persons in allowing taxes to be paid elsewhere than in the county where the same are due, and that all other subjects of retrenchment and reform sink into comparative insignificance when compared to this. We believe that the past history of the country shows that large land owners, many of whom reside bej^ond the limits of the State, under pre-existing laws, have been enabled to escape taxation in whole or in part, and the actual settlers owning far less property have been required to pay largely over a just pro- Oct. 20, 1875.] CONSTITUTIONAL CONVENTION. 405 portion of the expenses of tlie State government, and that the only way to effect a permanent remedy for the evil is to require all taxes to be paid in the county where the property is situated. We believe that taxation should be equal and uniform through the country, and that every citizen and property owner should bear his just proportion of the burthens of government; and that no man, or set of men should have exclusive privileges, and that law is best which affords the greatest good to the greatest number of persons. And while we would be willing that citi- zens of unorganized counties should be permitted to pay their taxes at the otfice of the Comptroller of Public Accounts at the capital of the State, we do, most earnestly, insist that all other persons should be required to pay taxes on property in the county where the property is situated, and that this can only be done by having the mode of collecting taxes made plain, direct and expeditious. We are informed and believe that several million dollars are now due the State for back taxes, and notwithstanding frequent legislative enactments on the subject, some of which requiring landed property to be valued in the county where situated, more than 35,000,000 million acresof patented land in Texas, owned by non-residents, have heretofore escaped taxation entirely, whereby the country is annually being wronged out of a very large amount of money. W. P. McLean, J. Russell, Asa Holt, J. W. Whitfield, J. R. Fleming, B. Abernathy, G. B. Cooke, Johnson, of Collin, L. S. Ross. On motion of Mr. Allison one hundred copies of the report ordered printed. On motion of Mr. Russell, of Harrison, Mr. Flanagan was excused indefinitely. Mr. Holt offered the fullowing resolution and ordinance: Resolved^ That the following ordinance be submitted to the people, to be voted on by them as a separate and distinct propo- sition, at the election upon the ratification of the constitution to be framed by this Convention ; and if a majority of the votes cast at such election upon such ordinance shall be in favor thereof, the same shall be a part of the constitution of the State : 406 JOURNAL OF THE [Oct 20, 1875. "ordinance on suffrage. " No person who shall be twenty -two years of age or upwards, shall be permitted to vote at any election held in this State unless he shall have paid a State or county tax, which shall have been assessed at least two months and paid at least one month before the election." On motion of Mr. Kilgore, the resolution and ordinance were referred to a select committee of five. Mr. Dohoney ofiered the following resolution : Resolved, That the Committee on Agriculture and Stock-rais- ing be instructed to inquire into the expediency of reporting the following article, or something similar, as a provision in the con- stitution, to- wit : " Article — . "agriculture and statistics. " Section 1. The Legislature shall provide for the establish- ment and support of a Bureau of Agriculture and Statistics, which bureau shall be charged with gathering and publishing correct statistical information as to the population, public lands, productions, agricultural, industrial and stock-growing, as well as the mineral and other resources of the different sections of the State." Keferred to Committee on Agriculture and Stock-raising. To the Hon. E. B. Pickett^ President of the Conventimi : I am instructed by the majority of the Committee on Judiciary to report to the Convention the accompanying article as the result of their labors to present to the Convention an article on the " Judicial Department " in the constitution for the State to be framed by this Convention. Diversity of opinion existed among the committee ; and each member of the connnittee will feel himself at liberty to act upon his own views on the different sections of the article. W. P. Balllnger, One of tlie Committee. " Article — . " JUDICIARY department. " Section 1. The judicial power of this State shall be vested in one Supreme Court, in District Courts, in County Courts, in Commissioners' Courts, in Courts of Justices of the Peace, and in such other courts as may be established by law. The Legislature may establish criminal district courts, with such jurisdiction as it may prescribe, but no such court shall be established unless the district includes a city containing at least fifteen thousand Oct 20, 1875.] CONSTITUTIONAL CONVENTION. " 40^ inhabitants, as ascertained by the census of the United States, or other official census. The Criminal District Court of Galveston and Harris counties shall continue with the district jurisdiction and organization now existing by law, until otherwise provided by law. " Sec. 2. The Supreme Court shall consist of five justices, three of whom shall constitute a quorum, and the concurrence of three judges shall be necessary to a decision by said court. The State shall be divided into five districts, as nearly equal in population as practicable, and the qualified voters of each dis- trict shall elect one of said justices at an election .for members of the Legislature. Each of said justices at the time of his election shall be a citizen of the United States, at least thirty years of age, and have been a practicing lawyer, or judge of a court of record, either or together, in this State seven years, and have resided two years next preceding his election in the dis- trict by which he may be elected. They shall hold their office for eight years, and shall each receive an annual salary of four thousand dollars, which amount shall not be increased or dimin- ished during their term of office. They shall elect from among their number, from time to time as they may deem proper a pre- siding judge, with reference to the dispatch of business in said court. " Sec. 3. The Supreme Court shall have appellate jurisdiction only, which shall be co-extensive with the limits of the State. In criminal cases below the grade of felony, no appeal shall be allowed from the County Court, unless within such time and under such regulations as may be prescribed by law, upon in- spection of a transcript of the record from the County Court, the district judge of said county, or a judge of the Supreme Court first applied to, and whose duty it shall be to indorse his action thereon, shall certify his belief that error therein has been com- mitted by said County Court. Appeals maybe allowed from in- terlocutory judgments in such cases and under such regulations as may be provided by law. The Supreme Court and the judges thereof shall have power to issue the writ of habeas corpus, and under such regulations as may be prescribed by law they may issue the writ of mandamus and all other writs necessary to en- force the jurisdiction of said court. The Supreme Court shall have power upon affidavits, or otherwise, as by the court may be thought proper, to ascertain such matters of fact as may be necessary to the proper exercise of its jurisdiction. The Supreme Court shall sit for the transaction of business from the first Mon- day of October until the last Saturday of June of every year, at 408 JOURNAL OF THE [Ocf. 20, 1875. the seat of government, and at not more tlian two other places in the State. "Sec. 4. The Supreme Court shall appoint a clerk for each place at which it may sit, and each of said clerks shall give bond in such manner as is now, or may hereafter, be required by law ; shall hold his office for four years, and shall be subject to removal by the said court for good cause, entered of record on the minutes of said court. " Sec. 5. On certificate from the Supreme Court that said court is unable to dispose of the business pending therein, to- gether with the current business of said court, the Legislature shall provide for the organization of a commission for the deter- mination of all cases pending in said Supreme Court, and which may be turned over to said commission by the Supreme Conrt. " Sec. 6. The State shall be divided into .... judicial districts, which may be increased or diminished b}^ the Legislature. For each district there shall be elected by the qualified voters thereof, at a general election for members of the Legislature, a judge, who shall be at least twenty-five years of age, shall be a citizen of the L^nited States, shall have been a practicing attorney in the courts of this State for the period of four years, shall reside in his dis- trict during his term of office, shall hold his office for the term of six years, shall receive an annual salary of three thousand dol- lars, which shall not be increased or diminished during his term of service, and shall hold the regular terms of court at one place in each county in the district twice in each year, in such manner as may be prescribed by law. " The Legislature shall have power, by general act, to authorize the holding of special terms, when necessary for the dispatch of business, and shall provide for the holding of district courts, when the judge thereof is absent, or is, from any cause, disabled or disqualified from presiding. "Sec. 7. The District Court shall have original jurisdiction of all criminal cases ; of all suits in behalf of the State to recover penalties, forfeitures, and escheats ; of all cases of divorce ; of all suits to recover damages for slander or defamation of charac- ter ; of all suits for the trial of title to land ; of all suits for the enforcement of liens ; of all suits for the trial of the right to property, levied on by virtue of any writ of execution, sequestra- tion or attachment, when the property levied on shall be equal to or exceed in value one hundred dollars ; and of all suits, com- plaints or pleas w^hatever, without regard to any distinction between law and equity, when the matter in controversy shall be valued at, or amounted to, one liundred dollars, exclusive of Oct. 20, 1875.J CONSTITUTIONAL CONVENTION. 4G9 interest ; and the said courts and the judges thereof shall have power to issue writs of injunction, certiorari, and all other w^rits necessary to enforce their own jurisdiction, and to give them a feneral superintendence and control over inferior tribunals, 'he District Courts shall have original and appellate jurisdic- tion and general control in probate matters over the County Court established in each county; for appointing guardians, grant- ing letters testamentary and of administration ; for settling the accounts of executors, administrators, and guardians, and for the transaction of business appertaining to estates ; and original jurisdiction and general control over executors, administrators, guardians and minors, under such regulations as may be pre- scribed by the Legislature." " Sec. 8. There shall be a clerk of the District Court for each county, wdio shall be elected by the qualified voters for State and county officers, and who shall hold his office for four years, sub- ject to removal by information or by indictment of a grand jury, and conviction by a petit jury ; in case of vacancy, the jndge of the District Court shall have the power to appoint a clerk who shall hold until the next general election. " Sec. 9. In the trial of all causes in the District Courts the plaintiff or defendant shall, upon application made in open court, have the right of trial by jury, but no jury shall be empanneled in any civil case unless demanded by a party to the case, and a jury fee be paid by the party demanding a jury ; for such sum and with such exceptions as may be prescribed by the Legis- lature. '' Sec. 10. No jndge shall sit in any case wherein he may be interested, or where either of the parties may be connected w^ith him by affinity or consanguinity, within such degree as may be prescribed by law, or where he shall have been of counsel in the case. When the Supreme Court, or any three of its members shall be thus disqualified to hear and determine any case or cases in said court, the same shall be certified to the Governor of the State, who shall immediately commission the requisite number of persons, learned in the law, fur the trial and determination of said case or cases. When a judge of the District Court is dis- qualified, by any of the causes above stated, the parties may, by consent, appoint a proper person to try said case ; or, upon their failing to do so, a competent person shall be appointed to try the cause in the county where it is pending, in such manner as may be prescribed by law ; and the District Judges may exchange districts, or hold courts for each other, when they may deem it expedient, and shall do so when directed by law. The disquali- 410 JOURNAL OF THE [Oct 20, 1875. fication of judges of inferior tribunals shall be remedied and vacancies in their offices shall be filled as prescribed by law. "Sec. 11. All judges of the Supreme and District Courts shall, by virtue of their offices, be conservators of the peace throughout the State. The style of all writs and process shall be, ' The State of Texas ;' all prosecutions shall be carried on in the name and by the authority of ' The State of Texas,' and conclude ' against the peace and dignity of the State.' ''Sec. 12. Grand and petit juries in the District Courts shall be composed of twelve men ; but nine members of a grand jury shall be a quorum to transact business and present bills. In trials of civil cases, and in trials of criminal cases below the grade of felony, in the District Courts, nine members of the jury, concurring, may render a verdict ; but when the verdict shall be rendered by less tlian the whole number, it shall be signed by every member of the jury concurring in it. When, pending the trial of any case, one or more jurors may die or be disabled from sitting, the remainder of the jury shall have power to render a verdict ; provided^ that the Legislature may change or modify tlie rule authorizing less than the whole number of the jury to render a verdict. " Sec. 13. There shall be established in each county in the State an inferior tribunal styled the County Court, which shall be a court of record ; and there shall be elected by the qualified voters in each county a judge of the said County Court, who shall be well informed in the law of the State and a conservator of the peace, and shall hold his office for four years, and until his suc- cessor is qualified. He shall receive such compensation as may be prescribed by law, and shall be removed from office for neglect of duty, incompetency, malfeasance, or official mis- conduct, and the Legislature shall enact laws to regulate such removal. " Sec. 1-1. The County Court shall have jurisdiction, with such exceptions as may be provided by law, of all misdemeanors and of civil cases when the matter in controversy shall exceed one hundred dollars and not exceed five hundred dollars, exclusive of interest, without regard to any distinction between law and equity; but shall not have juris. liction of suits for the recovery of lands, nor to enforce liens on real estate. Said County Court shall have the general jurisdiction of a probate court; shall probate wills, appoint guardians of minors, idiots, lunatics, per- sons non compos inentis, and common drunkards ; grant letters testamentarv and of administration : settle the accounts of executors, administrators and guardians ; transact all business Oct 20, 1875.J CONSTITUTIONAL CONVENTION. 411 appertaining to the estates of deceased persons, minors, idiots, lunatics, persons non compos onentis, and common drunkards, including the settlement, partition and distribution of such estates, and apprentice minors, as prescribed by law. It shall have jurisdiction of appeals from justices of the peace to such extent and in such manner as may be prescribed by law, but there shall be no further appeal to the District or Supreme Court in such cases. The Judge of said County Court shall have power to issue writs of madamus, injunction and all other writs necessary to the enforcement of the jurisdiction of said court, and to issue writs of habeas corpus in cases where the offense charged is of a grade that said County Court or other inferior court is competent to try. The Legislature shall have power, by local law, for any county or counties having as many as ten thousand inhabitants, or by general law, to confer upon said County Courts further jurisdiction concurrent with the District Courts, of felonies, the punishment of which is not capital, and of civil cases where the matter in controversy shall not exceed in value one thousand dollars, and to regulate proceedings for the exercise of such jurisdiction, and for appeals therefrom. The County Court shall not have criminal jurisdiction in any county in which there is a Criminal District Court, unless expressly con- ferred by law. " Sec. 15. The County Courts shall always be open for the trial of criminal cases, and shall hold a term for civil business at least once in every two months, and for probate business as prescribed by law. Prosecutions may be commenced therein by informa- tion, and as otherwise provided by law. Grand juries, empan- nelled in the District Courts, shall inquire into all crimes, in- cluding misdemeanors, and indictments therefor shall be returned into the District Court, and all indictments now pending, or hereafter returned into the District Court, for offenses of which the County Court has jurisdiction, and all civil cases pending in the District Court, jurisdiction of which is given to the County Court, and in which the plaintiff may prefer removal thereto, and all probate business shall be transferred to the County Court, in all counties in w^hich a County Court may have been organized. The jury in the County Court shall consist of six persons, but no jury shall be empannelled for the trial of civil cases, unless de- manded by one of the parties, who shall pay such jury fee in advance as may be prescribed by law, unless he makes affidavit that he is unable to pay the same. The jury may be waived by agreement in all misdemeanors. "Sec. 16. There shall be elected by the qualified voters in 412 JOURNAL OF THE [Ocf. 20, 1875. each count}" four County Commissioners, whose term of office shall be two years from the date of their election, and until their successors are duly qualified, who, together with the County Judge, shall constitute the Commissioner's Court of the county, with jurisdiction over county revenue, police, roads, and public affairs of the county, and the powers, duties and mode of pro- ceeding thereof shall be such as have been heretofore prescribed for Commissioner's and Police Courts in this State, until other- wise provided or regulated by law. " Sec. 17. The Commissioner's Court of the county shall fix a convenient number of justices of the peace for each county, and divide the county into justice's precincts, in each of which a jus- tice of the peace shall be elected by the qualified voters of such precinct. They shall have such jurisdiction as may be provided by law in civil cases where the matter in controversy shall not exceed one hundred dollars, exclusive of interest, and in misde- meanors where the punishment does not exceed a fine of one hundred dollars. " Sec. 18. There shall be elected for each county, by the qual- ified voters, a County Clerk, who shall hold his office for two years, who shall be the clerk of the County and Commissioners' Courts, whose duties and perquisites and fees of office shall be prescribed by the Legislature, and a vacancy in whose office shall be filled by the judge of the County Court, until the next general election for county or State officers; pro- vided, that in counties having a population of less than eight thousand persons the Legislature may provide for the election of a single clerk, who shall perform the duties of District and County Clerks. " Sec. 19. A County Attorney shall be elected by the qualified voters of each county, who shall be commissioned by the Grov- ernor, and hold office for the term of two years. In case of vacancy the Commissioners' Court of the county shall have power to appoint a County Attorney until the next general election. The County Attorneys shall represent the State in all cases in the District Court, and inferior courts, in their re- spective counties ; but if any county shall be included in a dis- trict in which there shall be a District Attorney, the respective duties of District Attorneys and County Attorneys shall in such counties be regulated by the Legislature. The Legislature may provide for the election of District Attorneys in such districts as may be deemed necessary, and make provision for the com- pensation of District Attorneys and County Attorneys. " Sec. 20. Tliere shall be elected by tjfie qualified voters of Oct 20, 1875.] CONSTITUTIONAL CONVENTION. 413 each county, a Sheriff, and by the qualified voters of each jus- tices' pi'ecinct, one Constable, who shall hold their offices for the term of two years, whose duties and perquisites and fees of office shall be prescribed by the Legislature, and vacancies in whose offices shall be filled by the judge of the County Court, until the next general election for county or State officers. " Sec. 21. County Judges, County Attorneys, Clerks of the District and Oounty Courts, Sheriffs, Justices of the Peace, Con- stables, and other county officers, may be removed by the judges of the District Courts for incompetency, official misconduct, habit- ual drunkenness, or other causes defined by law, upon the cause therefor being set forth in writing, and the finding of its truth by a jury. "Sec. 22. The Supreme Court shall have power to make rules and regulations for the government of said court and the other courts of the State, to regulate proceedings, and expedite the dispatch of business therein. " Sec. 23. The State shall have no right of appeal in criminal cases." Committee Eoom, Austin, October 20, 1875. To the Hon. E. B. Pickett^ President of the Convention : .The undersigned, members of the Committee on Judiciary, not being able to agree to all the sections of the "Judiciary Article," as reported by a majority of the committee, and especially dis- agreeing with the majority in the arrangement of the jurisdiction of the courts provided for, submit to the Convention the annexed sections, which they recommend as substitutes for the correspond- ing sections in the article reported by the majority of the com- mittee. The objections to the present judicial system, more probablv than those to any other part of the present constitution, induced the people of the State to vote for the call of a Constitutional Convention. They are very clearly defined in the minds of the peo- ple, who look to us to remedy the evils complained of, to reduce, by a wise and judicious reorganization of our judicial system, the burdensome expenses imposed on them by the present system, and to relieve the industries of our people of the exhausting drain on them caused by it. The principal grounds of objection to the present judicial sys- tem are : 1. That the District and Supreme Court dockets are so over- crowded with petty cases as to greatly impair the usefulness of 414 JOURNAL OF THE [Oa. 20, 1875. those courts, and delay justice, and, in many cases, to amount to almost a denial of justice. 2. The extension of the jurisdiction of the District Courts to almost every subject of litigation, however small and unim- portant, and the right of appeal given to the Supreme Court from almost all judgments of the 'District Courts, has not only greatly impaired the usefuhiess of these courts and injured the interests of litigants to an extent which it would be difficult to estimate, but it has made it necessary that we should have about forty District Judges, including the 'judges of criminal districts, at a great expense'to the public, which, it is believed, would not be necessary under a proper judicial system ; but even with all these judges, and with this great and unnecessary expense, the District Court dockets are so crowded, and the business of these courts is so delayed, that it is not certain in many cases whether an injured parly had not better abandon his claim for justice than attempt to secure his rights through the courts. 3. The present system of giving the District Courts original jurisdiction in all civil cases for sums of one hundred dollars and more, and over all criminal offences, even of the least and most trivial kinds, causes very great numbers of the people of all classes and conditions, and from every part of their counties, to be called away from their ordinary vocations at every term of the court, and, on account of the crowded condition of the dockets, to have to remain away from their business in attendance on the courts, at a ruinous cost to themselves, and to such an extent in the ao-e-retjate as to produce an exhausting drain on the indus- tries of our people. 4. The same causes very greatly, and, it is believed, unneces- sarily, increase the amount of jury service to be performed, and the cost of that service to the people. And this, with the various court costs and fees of officers, which form^ a part of these evils, has already bankrupted many of our counties, and is bankrupting many others. The people all over the State see, and feel, and know these things, and earnestly look to this Convention fur relief from them. While the plan submitted by the majority of the committee is doubtless designed to furnish a partial remedy for these evils, by the creation of a County Court with civil and criminal and pro- bate jurisdiction, we respectfully submit that it will not do so to the extent to which the people have just right to expect relief. It gives the District Courts concurrent jurisdiction with the County Courts and Justices' Courts over all misdemeanors, and Oct 20, 1875.] CONSTITUTIONAL CONVENTION, 415 will not, it is believed, operate to transfer the trial and determina- tion of a very great number of these cases from the district to the inferior courts. And, as to those misdemeanors which may be tried in the County Courts, the people, as parties, or witnesses, or jurors, will still have to be drawn from all parts of their counties to the county towns for their trial, and will thus be exposed to the same hardships, only some less in degree, than they are under the present system. And, in relation to cases of this kind, it is not to be forgotten that witnesses are never paid by the State, and very rarely by defendants; and yet, summoned possibly from the remote parts of a county to their county town, they must abandon their business, at whatever loss to them, and 2:0 and lose their time, and pay their bills, or camp out, as best they may ; and all this because such cases are to be tried at the county towns, rather than in the precincts where the offenses may have been committed. And, under the plan presented by the majority of the com- mittee, jurisdiction is retained in the District Courts, in civil cases, over all sums of one hundred dollars or more. The Dis- trict Courts having concurrent jurisdiction with the County Courts over all sums from one hundred to five hundred dollars, and all cases tried in the County Courts are liable, on appeal, to be re-tried de novo in the District Courts, and many of them will be so re-tried, and will thus, to this extent, perpetuate the exist- ing evils of crowded District Court dockets. And, under the plan of the majority a party, aggrieved by the decision of a County Court, in a civil case, before he can take his case to the District Court, must go to the expense of having a petition prepared for a certiorari^ and then hunt up a judge and get his petition granted T3efore his case can go up, it will be seen that the remedy is costly and inconvenient, and, we do not doubt, will be unsatisfactory. And under the plan presented by the majority of the commit- tee, appeals are allowed, in criminal cases, directly from the County Courts to the Supreme Court. The efi'ect of this, if this right of appeal shall not be unduly embarrassed, will be to crowd the docket of the Supreme Court with petty cases, as it now is, and to render it impossible for that court to dispose of the business before it, and to involve litigants and the country in all the disasters arising from delays in its decisions, which we now experience. And besides this, in the plan presented by the majority of the committee, it is provided that no one can obtain such an appeal without first going to the expense of obtaining a 416 JOURNAL OF THE [Oa. 20, 1875. copy of the whole record of the case, and of then getting the certificate of a District or Supreme Court Judge that the appeal ought to be granted. This can not fail to prove vexatious and unsatisfactory to the people. We believe that when appeals are allowed in criminal cases they should be allowed as a matter of right, and should not be encumbered with such expense and hin- drances as to substantially deny the right in many cases, while professing to allow it. The plan of jurisdiction which we present gives exclusive original jurisdiction to justices of the peace in civil cases, where the matter in controversy is two hundred dollars or less, with such exceptions as are provided in the section in relation to the jurisdiction of the District Courts. And it gives them exclusive jurisdiction over offenses in which the fine or penalty is not more than two hundred dollars, with such exceptions as are provided in the section in relation to the jurisdiction of the District Courts, with the right of appeal and trial, de novo^ in all cases, civil and criminal, to the County Court, in which the judgment of the Justice's Court is for more than ten dollars, exclusive of costs. This will localize the trial of all petty cases wdthin the precinct where the cause of action may originate, and will enable the parties, their witnesses, and the jurymen who try the case, to 0^0 from their homes in the morning, attend to the case, and return home at night, without a great waste of time, or material interruption to their ordinary pursuits, and will thus operate to relieve, in a large degree, the present excessive drain on the industrial interests of the country, which results under the pres- ent system from taking a large part of these cases away from the precincts to the county towns for trial. The extensive jurisdiction thus given to this class of magis- trates, allowing five of them only to each county, and giving tliem notarial powers, will, it is believed, secure to them, in most of the counties, such emoluments as to make it practicable to secure the services of good men, properly qualified for these im- portant duties. It is urged as a reason for not increasing the jurisdiction of justices of the peace, tliat we can not obtain persons of proper qualifications to fill these ofiices. We submit that it has been the fault of our system heretofore whicli lias caused us to have in- competent men in so many instances in these offices; aiid that whenever we so arrange our system as to make the positions honorable, profitable, and important, we may reasonabl}^ expect them to be filled by respectalJe and competent men. It is also sometimes objected that they can not be expected to Oct 20, 1875.] CONSTITUTIONAL CONVENTION. 417 perform such judicial duties well, because, generally, they are not lawyers. We submit that for the settlement of petty cases generally, such as occur between neighbors, an honest and sensible man, and six of the neighbors as jurymen, are more likely to get at the real merits and justice of the case, than an indifferent lawyer, with just enough of technical knowledge of the law to confuse him, would. And that the next best judge to a good lawyer for such cases, is an upright, sensible man. It is also urged that the people can not be relied on to elect good justices of the peace. If we will but give business and emoluments enough to this class of officers to induce active busi- ness men to accept them, there is no just reason why the people may not be as successful in electing a good justice of the peace as in electing a good Governor or Supreme Judge. By the sections we submit we give to the County Courts juris- diction of all misdemeanors, the jurisdiction of which is not given to the justices of the peace, or conferred on the District Courts, embraces most of the more important cases of mis- demeanor. And we give them jurisdiction, in civil cases, over sums from two hundred to five hundred dollars, with a few exceptional cases in which the jurisdiction is given to the Dis- trict Courts. We also give them general probate jurisdiction. And civil and criminal cases tried in this court may be taken by appeal to the District Courts ; but the appeal goes up on the records of the County Courts, and is tried by the judge on the records, with but little consumption of time, and none of the ex- penses of a jury trial. The original jurisdiction of the District Courts, under the sec- tions we present, will extend to all felonies, and to a few classes of misdemeanors, which, it will be seen, is appropriately left with it ; and to civil cases of five hundred dollars or more, and to a few exceptional classes of cases involving less than fine hundred dollars, with the right of appeal to the Supreme Court in all of these cases, except those for gambling, which are not allowed to go beyond the District Courts. By this system we shall relieve the Supreme Court docket of nearly all petty cases, and can make it practicable for a bench of five judges to dispose of the business of that court promptly and speedily, so as to meet the wants of the country for many years to come without the assistance of any other tribunal. By this plan, and by the reduction of the terms of the District Courts to two a year, we so relieve the District Courts of the large mass of petty cases, as to enable us to greatly increase the 27 418 JOURNAL OF THE [Oct, 20, 1875. size of the districts and reduce the number of judges, and thereby save much of the past cost of the present judicial system, and se- cure a much cheaper judicial system than that presented by the majority of the committee, which gives the District Courts the same jurisdiction they have under the present system, only slightly relieved by the County Courts proposed, from which many litigants will be driven to the District Courts, where they can obtain a cheaper appeal to a higher court. By the plan of the County Court we present, a considerable exclusive original jurisdiction is given to it, with trials not less than four times a year ; and it is to be always open for the trial of criminal cases — fewer men (six) being required for its juries, and much expense, both to litigants and to the public, will be saved. These advantages, with the great benefit it is believed will result from the large jurisdiction we propose to give justices of the peace, the localizing of the administration of the law in petty cases, and the great saving of time and expense which it is be- lieved will be made to individuals and the public, constitute the chief grounds on which we rest our recommendation of the plan of jurisdiction for our courts which we present. And we think the plan we present will make our judicial sys- tem cheap, speedy, efficient and satisfactory to the people. The great importance we attach to this subject, is our excuse for stating our reasons in favor of this plan at such great length. John H. Reagan, P. R. Scott, C. B. KiLGORE, Marion Martin. " Sec. — . The Supreme Court shall consist of a Chief Justice and four Associate Justices, any three of whom shall constitute a quorum, and the concurrence of a majority of the judges sitting shall be necessary to the decision of a case. No person shall be eligilJe to tlie office of Chief Justice or Associate Justice of the Supreme Court unless he be, at the time of his election, a citizen of the United States, and of this State, and unless he shall have attained the age of thirty years, and shall have been a practicing lawyer, or judge of a court, in this State, or such lawyer and judge together, at least seven years. Said Chief Justice and Associate Justices shall be elected by the qualified voters of the State, at a general election ; shall hold their offices for eight years, and shall each receive an annual salary of four thousand dollars, which shall not be increased or diminished during his term of office. Oct. 20, 1875.] CONSTITUTIONAL CONVENTION. 419 '' Sec. — . The Supreme Court shall have appellate jurisdic- tion only, which shall be co-extensive with the limits of the State ; but in criminal cases its appellate jurisdiction shall only extend to cases of felony, to cases of misdemeanor involving official misconduct, and to cases of violation of the laws in rela- tion to insurance and banking, and in civil cases to suits involv- ing sums of five hundred dollars or more, exclusive of interest, and to suits, without reference to the amount in controversy, in behalf of the State, to recover penalties, fines, forfeitures, and escheats ; to cases of divorce ; to suits for the recovery of damages for slander and defamation of character ; to suits for the trial of the title to land, and for the enforcement of liens on land ; and to suits involving the constitutionality of a law, or the validity of a law imposing a tax. And it shall have such jurisdiction, by appeal, over interlocutory judgments of the Dis- trict Courts, with such exceptions and under such regulations as may be prescribed by law. The Supreme Court, and the judges thereof, shall have power to issue the writ of habeas cor- jpus^ and, under such regulations as may be prescribed by law, the said court, and the judges thereof, may issue the writ of mandamus^ and such other writs as may be necessary to enforce its own jurisdiction. The Supreme Court shall also have power, upon affidavits or otherwise, as to the court shall seem proper, to ascertain such matters of fact as may be necessary to the proper exercise of its own jurisdiction. And it shall sit for the trans- action of business from the first Monday in October until the last Saturday in June of every year, at the seat of government, and at not more than two other places. " Sec. — . The District Court shall have original jurisdiction in criminal cases of the grade of felony ; in cases of misdemeanor involving official misconduct ; in all cases of gambling, including betting on elections ; and in all cases of violation of the laws in relation to insurance and banking. And they shall have juris- diction in criminal cases, brought by appeal from the County Courts, in all cases of which the County Courts may have origi- nal jurisdiction ; which cases shall be tried on the record from the County Court, and without further right of appeal. " In civil cases the District Courts shall have original juris- diction of all suits in behalf of the State to recover penalties, fines, forfeitures and escheats ; of all cases of divorce ; of all suits to recover damages for slander and defamation of character ; of all suits for the trial of the title to land, and to enforce liens on land ; and of all suits involving the constitutionality of any law; or to test the validity of a law imposing a tax ; and of all suits, 420 JOURNAL OF THE [Oct 20, 1875. complaints and pleas whatever, without regard to any distinction between law and equity, when the matter in controversy shall not be less than fine hundred dollars, exclusive of interest ; and the said courts and judges thereof shall have power to issue the writs of habeas cm'pvs, mandamfus^ injnnction, ceTtiorari^ and all other writs necessary to enforce their own jurisdiction, and to give them a general superintendence and control over inferior tribunals. And they shall have appellate jurisdiction of all civil cases originating in the County Courts, which cases shall be tried on the record of the County Courts, without further right of appeal. And the District Courts shall have original and appel- late jurisdiction and general control over County Courts, sitting as probate courts, for appointing guardians, granting letters tes- tamentary or of administration ; for settling the accounts of ex- ecutors, administrators and guardians, and for the transaction of business appertaining to estates ; and such original jurisdiction and general control over executors, administrators, guardians and minors, and under such regulations as may be prescribed by law. " Sec. — . There shall be established in each county in this State a County Court, which shall be a court of record ; and there shall be elected in each county, by the qualified voters, a County Judge, who shall be well informed in the law of the State ; shall be a conservator of the peace, and shall hold his oflice for two years, and until his successor shall be elected and qualified. He shall receive as compensation for his services such fees and perquisites as may be prescribed by law. " Sec. — . The County Courts shall have exclusive original jurisdiction of all misdemeanors, for which the fine or penalty, shall be not less than two hundred nor more than ^-^^ hundred dollars, as the same are now or may be hereafter prescribed by law, except in case of ofiicial misconduct ; and they shall have jurisdiction concurrent with the District Courts in all cases of gambling, including betting on elections, and cases of the viola- tion of the laws in relation to insurance and banking. And they shall have exclusive original jurisdiction in all civil cases, when the amount involved is not less than two hundred nor more than five hundred dollars, exclusive of interest, except in such cases as are otherwise provided for in this constitution ; and they shall have such other jurisdiction as may be conferred on them by law. And they shall have appellate jurisdiction of all cases, civil and criminal, of which justices' courts shall have original jurisdiction, when the judgment of the court appealed from shall exceed the sum of ten dollars, exclusive of costs, under Oct. 20, 187S.J CONSTITUTIONAL CONVENTION. 421 such regulations as may be prescribed by law, with such appel- late jurisdiction from corporation courts, and other inferior tribunals, as may be prescribed by law. In all appeals from justices' courts, or corporation courts, or other inferior tribunals, the cases so appealed shall be tried de novo in the County Courts, and such trial shall be final, under such regulations, and with such exceptions, as may be provided by law. The County Courts shall have the general jurisdiction of a probate court. They shall probate wills, appoint guardians of minors, idiots, lunatics, persons non compos mentis, and common drunkards ; grant letters testamentary and of administration ; settle the accounts of executors, administrators and guardians ; transact all business appertaining to the estates of deceased per- son, minors, idiots, lunatics, persons non compos nfientis, and common drunkards, including the settlement, partition and dis- tribution of such estates, and to apprentice minors as provided bylaw. And the County Courts, or the judges thereof, shall have power to issue writs of mandamus, injunction, and all other writs necessary to the enforcement of the jurisdiction of said courts ; and to issue writs of haheas corpus in cases where the offense charged is within the jurisdiction of the County Court, or any other court or tribunal inferior to said court. The County Courts shall not have criminal jurisdiction in any county where there is a criminal District Court, unless expressly conferred by law, and in such counties appeals from Justices' Courts and other inferior courts and tribunals, shall be to the civil or criminal District Courts under such regulations as may be prescribed by law. " Sec. — . There shall be not less than four terms of the County Court a year, as may be provided by law, for the trial of civil cases, and the Legislature may prescribe what probate or- ders may be made and business done in vacation, and said court shall always be open for the trial of criminal cases. Prosecu- tions may be commenced in said court by informations filed by the county attorney, or by afiidavit, as may be provided by law. Grand juries, enipanneiled in the District Courts, shall inquire into misdemeanors, and all indictments therefor returned into the District Courts, shall forthwith be certified to the County Courts, or other inferior courts, having jurisdiction to try them, for trial, and if such indictments be quashed in the county, or other inferior courts, the person charged shall not be discharged, if there is probable cause of guilt, but may be held by such court or magistrate to answer an information or affidavit. A jury in the County Court shall consist of six men, but no 422 JOURNAL OF THE [Oa. 20, 1875. jury shall be empannelled to try a civil case, unless demanded by one of the parties, who shall pay snch jury fee therefor, in advance, as may be prescribed by law, unless he makes affidavit that he is unable to pay the same. " Sec. — . Each coimty shall be divided into five justice's pre- cincts, for each of which precincts there shall be elected, by the qualified voters thereof, a Justice of the Peace, who shall hold his office for two years, and until his successor shall be elected and qualified, who shall exercise such jurisdiction, and perform such duties, and receive such compensation, as may be prescribed by law. Justices of the Peace shall have jurisdiction in crimi- nal matters of all cases where the penalty or fine imposed on conviction shall be for two hundred dollars or less ; and in civil matters of all cases where the amount in controversy is two hun- dred dollars or less, exclusive of interest, in w^hich exclusive original jurisdiction is not given to the District or County Courts ; and such other jurisdiction, criminal and civil, as may be provided by law. And the Justices of the Peace shall, ex- officio, be Notaries Public, and they shall hold their courts at such times and places as may be provided by law. " Sec. — . The Legislature shall, at its first session, provide for the transfer of all business, civil and criminal, pending in the Districts Courts, over which jurisdiction is given by this consti- tution to the County Courts or other inferior courts, to such county or inferior courts ; and for the trial or disposition of all such cases by such county or other inferior courts. [Mr. Brown in the chair.] Messrs. Norvell and DeMorse gave notice of a minority report. Mr. Stockdale moved to print two hundred copies of report. Mr. Crawford moved to print five hundred copies. Lost. Two hundred copies ordered. Mr. Fleming submitted the following report : CoMMiTiEE Room, [ Austin, October 20, 1875. j To the lion. E. B. Piclcett^ President of the Convention : The undersigned, one of the Committee on Pe venue and Tax- ation, not being able to concur with the majority of said com- mittee in many of the sections submitted by them, begs leave to submit the following article as a substitute for the majority re- port, and ask tlmt the same may be adopted. J. R. Fleming, Chairman. Oct 20, 1875.] CONSTITUTIONAL CONVENTION. 423 "Article — . " taxation and kevenite. " Section 1. Taxation shall be equal and uniform throughout the (State, and all property in the State shall be taxed in propor- tion to its value, to be ascertained as may be provided by law, except such property as two-thirds of both Houses of the Legis- lature may think proper to exempt from taxation. " Sec. 2. Taxes shall be levied and collected by general laws and for public purposes only. " Sec. 3. The power to tax corporations and corporate property shall not be surrendered or suspended by act of the Legislature. " Sec. 4. All railroad corporations in this State, or doing busi- ness therein, shall be subject to taxation for State, county, school, municipal and other purposes on the real and personal property owned or used by them, and <^ their gross earnings, their net earnings, their franchises, and their capital stock. " Sec. 5. The State tax on property, exclusive of the tax necessary to pay the public debt of the State, shall never exceed one-half of one per cent, on the one hundred dollars valuation. "Sec. 6. No county, city, town, or other municipal corpora- tion, nor the inhabitants thereof, nor the property therein, shall be released or discharged from their or its proportionate share of taxes to be levied for State purposes, nor shall commutation for such taxes be authorized in any form whatever. " Sec. 7. The Legislature shall not impose taxes upon counties, cities, towns, or other municipal corporations, or upon the in- habitants or property thereof for county, city, town, or other municipal purposes, but may by general laws vest in the corpor- ate authorities thereof the power to assess and collect taxes for such purposes. " Sec. 8. All land, whether owned by persons or corporations, shall be assessed for taxation, and the taxes paid in the county where situated. Lands not rendered for assessment shall be assessed by the proper assessing officer, and in no case shall be valued at less than fifty cents per acre. " Sec. 9. Lands in unorganized counties shall be assessed and the taxes paid in the counties to which such unorganized coun- ties shall be attached for judicial purposes. " Sec. 10. Provision shall be made by the first Legislature for the speedy condemnation and sale of all lands for the taxes due thereon, and every year thereafter for the sale of all lands upon which the taxes have not been paid, and the deed of conveyance to the purchaser for all lands thus sold shall be held to vest a good and perfect title in the purchaser thereof, subject to be im- 424 JOURNAL OF THE [Oa. 20, 1875. peached only for actual fraud ; 2>'f'ovided, the former owner shall, within two years from the date of the purchaser's deed, have the right to redeem the land upon the payment to the purchaser of three times the amount of money paid for the land. "Sec. 11. There shall be an assessor of taxes in each county in this State, who shall be appointed or elected in such manner and under such regulations as the Legislature may direct. " Sec. 12. The sheriff of each county, in addition to his other other duties, shall be the collector of taxes therefor. " Sec. 13. The specification of the objects and subjects of taxa- tion shall not deprive the Legislature of the power to require other subjects or objects to be taxed in such manner as may be consistent with the principles of taxation iixed in this con- stitution. " Sec. 14. The sheriff, county clerk, and chief justice shall compose a Board of Equalization in each county, to hear appeals by property holders, and determine the just value of the property rendered for taxation." On motion of Mr. McCormick, one hundred copies of the re- port and article were ordered printed. Mr. McLean withdrew his motion to reconsider and lay on the table the vote engrossing the article on the subject of immi- gration. Mr. Stockdale moved to reconsider the vote engrossing the article on immigration. [Mr. Brown in the chair.] Mr. Pickett moved that the consideration of the motion be postponed to this day week, and that it be made the special order for 10 o'clock that day. Carried. On motion of Mr. Chambers, the Convention adjourned to 24 p. M. EVENING SESSI0:N— 24 o'clock. Convention met pursuant to adjournment ; roll called ; quorum present. BUSENESS ON THE TABLE. The reports of the majority and minority of the committee on the subject of granting and reserving lands to railroads were taken up. Mr. Nugent moved to postpone the consideration of the re- ports until 10 o'clock Monday, and made the special order for that hour. Oct 20, 1875.J CONSTITUTIONAL CONVENTION. 425 On motion of Mr. German, the rules were suspended and the report and article on railroads taken up, and read the second time. Mr. Brown offered the following amendment, to come in as an additional section : " Sec. 9. The Legislature shall pass no law retrospective in its operations, which may impose on the people of any town, county, or other municipal sub-division of the State, a new lia- bility in respect to transactions or considerations already passed, nor to revive obligations to any individual, association, or cor- poration, which may have previously become void by default of such individual association or corporation." Mr. ISTugent offered the following amendment : " The'Legislature shall pass no law extending the time for the construction, in whole or in part, of railroads, beyond the period limited in the laws providing for their construction." Withdrawn. Mr. Wade moved to recommit the article and amendments to the Committee on Railroad Corporations. Lost. Mr. Nugent withdrew his amendment. Mr. Waelder offered the following amendment : Strike out in line 21 the words '' for public inspection," and insert therefor " for inspection by the stockholders of such cor- poration." Adopted. Mr. McCormick offered the following amendment : Amend line 35, section 4, by inserting after the word "jorop- erty " the words " or any part thereof." Adopted. Mr. Brown offered the following amendment : Add as an additional section : " Sec. — . No railroad hereafter constructed in this State shall pass within a distance of three miles of all any county seat with- out passing through the same and establishing and maintaining a depot therein, unless prevented by natural obstacles, such as streams, hills, or mountains : provided^ such town, or its citizens, shall grant the right of way through its limits, and sufficient ground for ordinary depot purposes." Mr. Wade moved to amend the amendment by striking out the word '' through " and inserting " within a half mile of the same." Mr. Fleming moved the main question. Lost. 426 JOURNAL OF THE [Oa. 20, 1875. Mr. Wade's amendment was lost. Mr. Brown's amendment was adopted by the following vote : Yeas — Allison, Abernathj, Arnim, Brown, Blassingame, Bar- nett, Burleson, Brady, Bruce, Crawford, Chambers, Cook of Gonzales, Cooke of San Saba, Dillard, DeMorse, Darnell, Davis of Wharton, Erliard, Ford, Fleming, German, Gaither, Graves, Henry of Smith, Henry of Limestone, Haynes, John- son of Franklin, Johnson of Collin, Kilgore, Lacy, Lynch, Mc- Lean, Martin of Navarro, Martin of Hunt, Morris, Mills, Mc- Kinney of Denton, McKinney of Walker, McCormick, Murphy, Norvell, Nunn, Nugent, Pauli, E-amey, Rentfro, Robertson of Bell, Robeson of Fayette, Ross, Russell of Wood, Spikes, Scott, Sessions, Stockdale, Stay ton, Sansom, Wade, Wright, Weaver — 59. Nays — Abner, Blake, Cline, Cardis, Douglas, Dohoney, Davis of Brazos, Ferris, Holt, King, Killough, McCabe, Reagan, Rey- nolds, Russell of Harrison, Smith, Whitehead, Whitfield, West, Waelder— 20. Mr. Stockdale proposed to amend section 3, line 29, by strik- ing out the word " all." Adopted. Mr. King proposed to amend section 3, line 28, after the word '' and " insert " President or Superintendent." Adopted. Mr. Stay ton ofiered to amend section 2, line 14, by striking out all after the word " State." Mr. Sansom offered as a substitute for the amendment to strike out section 2. Mr. Whitfield moved the previous question. Carried. The question on the adoption of Mr. Stayton's amendment was put and amendment lost by the following vote : Yeas — Abner, Ballinger, Cline, Cardis, King, Lockett, Mc- Cabe, Morris, Reynolds, Russell of Harrison, Stockdale, Stay ton, Sansom, West, Waelder — 15. Nays — Allison, Abernathy, Arnim, Blake, Blassingame, Bar- nett, Burleson, Brady, Bruce, Crawford, Chambers, Cook of Gonzales, Cooke of San Saba, Douglas, Dillard, DeMorse, Do- honey, Darnell, Davis of Brazos, Davis of Wharton, Erhard, Flournoy, Fleming, Ferris, German, Gaither, Graves, Holt, Henry of Smith, Henry of Limestone, Haynes, Johnson of Frank- lin, Johnson of Collin, Kilgore, Killough, Lacy, Lynch, McLean, Martin of Navarro, Martin of Hunt, Mills, Mitchell, McKinney of Denton, McKinney of Walker, ^McCormick, Murphy, Nor veil, Oct 20, 1875.] CONSTITUTIONAL CONVENTION. 42V Niinn, Nugent, Panli, Reagan, Ramey, Rentfro, Robertson of Bell, Robeson of Fayette, Ross, Russell of Wood, Spikes, Scott, Sessions, Smith, Wade, Whitehead, Wright, Weaver, Whit- field—66. The question on the adoption of Mr. Sansom's amendment was put, and amendment lost by the following vote: Yeas— Cline, Cardis, Lockett, McCabe, Reynolds, Russell of Harrison, Stockdale, Sansom, West, Waelder — 10. Nays — Allison, Abernathy, Arnim, Abner, Blake, Ballin- ger, Blassingame, Barnett, Bm'leson, Brady, Bruce, Craw- ford, Chambers, Cook of Gonzales, Cooke of San Saba, Douglas, Dillard, DeMorse, Dohoney, Darnell, Davis of Brazos, Davis of Wharton, Erhard, Flournoy, Fleming, Ferris, German, Gaither, Graves, Holt, Henry of Smith, Henry of Limestone, Haynes, Johnson of Franklin, Johnson of Collin, King, Kilgore, Killough, Lacy, Lynch, McLean, Martin of Navarro, Martin of Hunt, Morris, Mills, Mitchell, McKinney of Denton, McKinney of Walker, McCormick, Murphy, Norvell, Nunn, Nugent, Pauli, Reagan, Ramey, Rentfro, Robertson of Bell, Robeson of Fayette, Ross, Russell of Wood, Spikes, Scott, Ses- sions, Smith, Stay ton, Wade, Whitehead, Wright, Weaver, Whitfield— 71. The question recurring upon the engrossment of the article, the same was put and the article ordered engrossed by the fol- lowing vote : Yeas — Allison, Abernathy, Arnim, Abner, Blake, Blassin- game, Barnett, Burleson, Bruce, Crawford, Chambers, Cook of Gonzales, Cooke of San Saba, Douglas, Dillard, DeMorse, Dohoney, Darnell, Davis of Brazos, Erhard, Flournoy, Flem- ing, Ferris, German, Gaither, Graves, Holt, Henry of Smith, Henry of Limestone, Haynes, Johnson of Franklin, Johnson of Collin, Kilgore, Killough, Lacy, Lynch, McLean, Martin of Navarro, Martin of Hunt, Morris, Mitchell, McKinney of Denton, McKinney of Walker, McCormick, Murphy, Norvell, Nunn, Nugent, Reagan, Ramey, Robertson of Bell, Robeson of Fayette, Ross, Russell of Wood, Spikes, Scott, Sessions, Smith, Stockdale, Wade, Whitehead, Wright, Weaver, Whit- field.—64. Nays — Ballinger, Brady, Cline, Cardis, Davis of Wharton, Lockett, McCabe, Pauli, Reynolds, Rentfro, Russell of Har- rison, Stayton, Sansom, West, Waelder — 15. On motion of Mr. Stockdale the Convention adjourned to 9 o'clock a. m. to-morrow. 428 JOURNAL OF THE \Oct 21, 1875. FORTIETH DAY. Hall of Kepeesentatives, | Austin, Texas, October 21, 1875. f Convention met pursuant to adjournment ; roll called ; quo- rum present. Prayer by the Rev. T. B. Lee, Rector of St. David's Church at Austin. On motion of Mr. Scott, Mr. Norvell was excused for to-day. Mr. Mills presented the petition of sundry citizens of Hunts- ville, in Walker county, on the subject of ex-convicts from the penitentiary, prohibiting them from remaining in Walker county after release. Referred to Committee on Penitentiary. Mr. McKinney presented the petition of Dugald McAlpine on the subject of public schools. Referred to Committee on Education. Also, the petition of same person on the subject of wills. Referred to Committee on Judiciary. The Chair announced the following select committee on the ordinance of Mr. Martin, of Hunt, on the subject of poll-tax : Messrs. Kilgore, Holt, Darnell, Chambers and Burleson. Mr. Abernathy oflered the following resolution : ResoVoed^ That weights and measures shall be uniform through- out this State, and a standard of the same may be established anywhere that application may be made. Referred to Committee on General Provisions. Mr. Darnell submitted the following report : Committee Room, Austin, October 20, 1875. To the Hon. E. B. Pickett, President of the Convention : A majority of your Committee on Public Lands and Land Office, to whom was referred the article previously reported by them on the subject of public lands and land office, and various amendments offered to the same, together with various other resolutions, beg leave to say that they have considered the sub- ject, and instruct me to report the accompanying article. Respectfully submitted, N. II. Daknell, Chairman. "Akticle — . *' Sec. 1. There shall be one General Land Office in the State, which shall be at the seat of government, where all land titles Oct. 21, 1875.J CONSTITUTIONAL CONVENTION. 429 which have emanated, or may hereafter emanate from the State, shall be registered, except those titles the registration of which may be prohibited by this constitution. It shall be the duty of the Legislature, at the earliest practicable time, to make the Land Office self-sustaining, and from time to time the Legisla- ture may establish such subordinate offices as may be deemed necessary. " Sec. 2. All unsatisfied genuine land certificates barred by section 4, article 10 of the constitution of 1869, by reason of the holders or owners thereof failing to have them surveyed and returned to the Land Office by the first day of January, 1875, are hereby revived. All unsatisfied genuine land certificates now in existence shall be surveyed and returned to the General Land Office within five years after the adoption of this constitu- tion or be forever barred ; and all genuine land certificates hereafter issued by the State shall be surveyed and returned to the Geueral Land Office within five years after issuance, or be forever barred ; provided., that all land certificates heretofore or hereafter issued shall be located, surveyed or patented only upon vacant and unappropriated public domain, and not upon any land titled or equitably owned under color of title from the sov- ereignty of the State, evidence of the appropriation of which is on the county records or in the General Land Office. " Sec. 3. The Legislature shall have no power to grant any of the public lands of this State to any railway company, except upon the following restrictions and conditions : First, that there shall never be granted to any such corporation more than sixteen sections of land to the mile, and no reservation of any part of the public domain for the purpose of satisfying such grant shall ever be made; Secondly, that no land certificates shall be issued to such company until they have equipped, constructed and in running order, at least twenty-five miles of road, and on the failure of such company to comply with the terms of its charter, or to alienate its land at a period to be fixed by law, in no event to exceed twelve years from the issuance of the patent, all said land shall be forfeited to the State and become a portion of the public domain, and liable to location and survey, and the Legis- lature shall have no power to extend the time or grant relief to any company obtaining a grant of land or land certificates, after the adoption of this constitution. " Sec. 4. No certificate for land shall be sold at the Land Office except to actual settlers upon the same, and in lots not to exceed one hundred and sixty acres. " Sec. 5. All lands heretofore or hereafter granted to railway 430 JOURNAL OF THE [Oa. 21, 1875. companies, where the charter or law of the State required, or shall hereafter require, their alienation within a certain period, on pain of forfeiture, or is silent on the subject of forfeiture, and which lands have not been, or shall not hereafter be, alienated in conformity with the terms of their charters and the laws under which the grants were made, are hereby declared forfeited to the State and subject to pre-emption, location and survey, as other vacant lands. All lands heretofoj-e granted to said railway com- panies to which no forfeiture was attached on their failure to alienate are not included in the foregoing clause, but in all such last named cases it shall be the duty of the Attorney General, in every instance where alienations have been or hereafter may be made, to inquire into the same, and if such alienation has been made in fraud of the rights of the State, and is colorable only, the real and beneficial interest being still in such corporation, to institute legal proceedings in the county where the seat of gov- ernment is situated, to forfeit such lands to the State, and if such alienation be judicially ascertained to be fraudulent and color- able as aforesaid, such lands shall be forfeited to the State and become a part of the vacant public domain, liable to pre-emption, location and survey. " Sec. 6. To every head of a family without a houiestead there shall be donated one hundred and sixty acres of public land, upon the condition that he will select and locate said land, and occupy the same three years and pay the office fees due thereon. To all single men eighteen years of age and upwards, shall be donated eighty acres of public land, upon the terms and condi- tions prescribed for heads of families. " Sec. 7. The State of Texas hereby releases to the owner or owners of the soil all mines and minerals that may be on the same, subject to taxation as other property. " Sec. 8. Persons residinsj between the Nueces river and the Rio Grande, and owning grants for lands which emanated from the Government of Spain or that of Mexico, which grants have been recognized and validated by the State by acts of the Legis- lature, approved February 10, 1852, August 15, 1870, and other acts, and who have been prevented from complying with the re- quirements of said acts by the unsettled condition of the country or by other causes, shall be allowed until the first day of January, 1880, to complete their surveys, and the plots thereof, and to re- turn their field notes to the General Land Oftice ; and all claim- ants failing to do so will be forever barred ; p'rovided, nothing in this section shall be so construed as to validate any titles not already valid, or to interfere with the rights of third persons." Oct 21, 1875.] CONSTITUTIONAL CONVENTION. 431 On motion of Mr. Darnell two hundred copies of the report and article were ordered printed. Mr. Brown offered the following resolution : BesoVved^ That the Secretary of State, so far as he can, is re- quested to furnish to the Convention a list of all railroad charters granted since the commencement of the Legislature of 1866, under which no road has been built. Resolved further^ That he is. requested to transmit to the Con- vention a list of all companies, of whatsoever nature or kind, in- corporated under the act " Concerning Private Corporations," approved December 2, 1871, and the various acts amendatory of or supplementary thereto. Adopted. BUSINESS ON THE TABLE. Report and article on Revenue and Taxation taken up, and, on motion of Mr. Fleming, was postponed to, and made special order for, 10 o'clock to-morrow. Mr. Russell, of Wood, moved to reconsider the vote engrossing the article on railroads. Mr. Graves moved to lay the motion on the table. Lost. The motion of Mr. Russell, of Wood, was carried. Mr. Mills proposed to amend line 29, section 3, by striking out the words, " or some officer designated by law," and insert " Governor." Adopted. Mr. Crawford offered the following amendment: *' No railroad company organized under the laws of this State, shall consolidate by private or judicial sale, or otherwise, with any railroad company organized under the laws of any other State, or of the United States." Off'ered as a substitute for section 6. On motion of Mr. Mills, the main question was ordered. Question on the substitute of Mr. Crawford for section 6 was put, and substitute adopted. The article was then ordered engrossed. Mr. Graves moved to reconsider the vote, and lay the motion on the table. Carried^ ' [Mr. Stockdale in the chair.] Separate section on " County School Lands," on its third read- ing, was taken up and read the third time. Mr. Darnell offered the following amendment : After the word " settlers," in line 11, insert : " Said lands shall 432 JOURNAL OF THE [Oa. 21, 1875. be sold on a credit of not less than ten years, the purchaser pay- ino; interest at the rate of not more than ten per cent, per annum, and the proceeds thereof when sold shall be held by such county alone as a trust fund for the benefit of schools ; said proceeds, when collected in money, to be invested in bonds of the State of Texas, or of the United States, and only the interest thereof to be used and expended annually." Mr. Gaither offered the following proviso to the amendment : '^Frovided, That a payment of one-fifth of the purchase money be required on all sales of said lands." Mr. Scott ofi'ered the following as a substitute for the two amendments : After the word " part," in line 6, insert " to actual settlers on ten years credit, with ten per cent, interest." Mr. Kobertson, of Bell, ofiered the following amendment to Mr. Scott's substitute : ^'Provided, That the principal may be paid by the foreclosure at any time, and the amount invested in State or United States bonds, as hereinbefore provided." Accepted by Mr. Scott as a part of his substitute. Mr. Chambers moved to refer the article and several amend- ments to a select committee of five. Mr. Chambers withdrew his motion to refer. Mr. Reagan offered the following : Amend by inserting after the word " settlers," in line 11, the words : "said lands shall be sold on a credit, and payment made in ten equal annual installments, with interest on such sums as may be due, at the rate of eight per cent, per annum, secured by a lien on such lands." Mr. Scott accepted this as a substitute for his substitute. Mr. Fleming moved to lay the amendments and substitutes on tlie table. Carried by the following vote : Yeas— Allison, Abernathy, Arnim, Blake, Ballinger, Barnett, Burleson, Cook of Gonzales, Douglas, Davis of Brazos, Davis of Wharton, Erhard, Ford, Flournoy, Fleming, Ferris, German, Gaither, Graves, Holt, Henry of Smith, Henry of Limestone, Ilaynes, King, Kilgore, Killough, Lockett, Lacy, Lyncli, McLean, Martin of Navarro, Martin of Hunt, McCa])e, Morris, Mills, Mitchell, McCormick, Murphy, Nunn, Ramey, Reynolds, Rent- fro, Robeson of Fayette, Spikes, Sessions, Smith, Stayton, Wade, Whitehead, Wright, Waelder— 52. JSTays — Brown, Blassingame, Bruce, Crawford, Chambers, Cooke of San Saba, Cline, Dillard, DeMorse, Darnell, Johnson Oct. 21, 1875.] CONSTITUTIONAL CONVENTION. 433 of Franklin, McKinney of Denton, Nugent, Paiili, Keagan, Russell of Harrison, Russell of Wood, Scott, Weaver, Whitfield —20. Mr. I^ngent proposed to amend by striking out of line 6 the words " in whole or in part," and insert '' in tracts not exceeding three hundred and twenty acres ; " also strike out " one hundred and sixty,'' line 9, and insert " three hundred and twenty." Mr. Wade offered tlie following as a substitute for the amend- ment : Strike out all from the word ''county," in line 7, to the word '' said," in line 11. On motion of Mr. Dillard, the amendment and substitute were laid on the table. Mr. Cline offered the following amendment : Strike out the sentence beginning in line 5 and ending in line 7, and insert the following: " The county school lands shall be sul)-divided into equal por- tions, not exceeding one hundred and sixty acre tracts, whereof the alternate tracts may be sold at public auction, on such terms and conditions as may be prescribed by law. The Commission- ers' Court of the county owning said lands may lease said tracts on such conditions as may be authorized by law. When any such tract may be sold, one-fourth the price shall be paid cash, and the balance in six equal annual payments, with ten per cent, from date of sale, and secured by lien on the laud." On motion of Mr. Mills the amendment was laid on the table. On motion of Mr. Dillard the main question was ordered. The question on the final passage of the section was then put, and the same passed by the following vote : Yeas — Allison, Abernathy, Arnim, Brown, Blake, Ballinger, Barnett, Burleson, Bruce, Chambers, Cook of Gonzales, Doug- las, Dillard, Dohoney, Davis of Brazos, Davis of Wharton, Erhard, Ford, Flournoy, Fleming, Ferris, German, Gaither, Graves, Holt, Henry of Smith, Henry of Limestone, Haynes, Johnson of Franklin, Johnson of Collin, King, Kilgore, Kil- lough, Lockett, Lacy, Lynch, McLean, Martin of Navarro, Martin of Hunt, McCabe, Morris, Mills, Mitchell, McKinney of Denton, McKinney of Walker, McCormick, Murphy, Nunn, Nugent, Reagan, Ramey, Reynolds, Robeson of Fayette, Russell of Wood, Spikes, Scott, Sessions, Smith, Stay- ton, Whitehead, Wright, Weaver, Whitfield, Waelder — 65. Nays — Abner Blassingame, Cooke of San Saba, Cline, Car- dis, DeMorse, Darnell, Pauli, Rentfro, Russell of Harrison, Wade— 10. 28 434 JOURNAL OF THE [Oa. 21, 1875. On motion of Mr. Brown, the Convention adjourned to 2:30 o'clock p. M. EVENING SESSION— 2i o'clock. Convention met pursuant to adjournment; roll called; quorum present. . , Mr Abernathy moved to reconsider the vote passing the sec- tion on coimty school lands, and to lay the motion on the table. Carried. , . -. t i ^ 1 Article — , " Bill of Rights," on its third reading and Imal passage, taken up and read third time. -, • ?> Mr. Waelder moved to strike out section 1, " Boundaries. Carried. . , , Mr. McCormick moved to reconsider the vote just taken, ana to law the motion on the table. Carried. Mr. Dohoney offered the following amendment : „ . ,. Amend section 8 by inserting before the word " m, m line 40, the words " every citizen shall be at liberty to speak, write, or publish his opinions on any subject, being responsible for the abuse of that privilege ; and no law shall ever be passed cur- tailing the liberty of speech or of the press." Adopted. Mr. Stockdale offered the following as a substitute lor sec- tion 12 : • r- • 1 *. Tl " Sec. 12. The writ of haheas carpus is a writ ot right, ine right to have this writ, from the proper court or judge, shall never be suspended, except by act of the Legislature. I he Leg- islature shall never suspend this right, except there be such hos- tile invasion of the State, by organized, armed force as shall put in peril the safety of the State, or such rebellion withm the btate as shall make it necessary in order to preserve the authority ot the State government ; and only in these cases, in reference to arrests upon charges, made upon oath, of treason, conspiracy to commit treason, or some other offense, defined by law, against the authority of the government. Nor shall any person be held in arrest upon a charge of offense against the authority ot the government, except under a judicial warrant. AVhen the right is suspended in accordance with the foregoing condition, then a person in arrest under judicial warrant, may be held in a place of safetv, and removed, as circumstances may require, by the Executive or under his authority, and shall be so safely held without the benefit of trial, bail, or mainprize until the act sus- Oct. 21, 1875.] CONSTITUTIONAL CONVENTION. 435 pending the right shall be repealed or shall expire by its own limitation. ^' Every suspension of the right to the writ of Jwheas corpus by act of the Legislature shall be for a time certain, not to exceed .... months." On motion of Mr. Dillard, it was laid on the table. Mr. Ballinger offered the following amendment : Section 23, line 105, next before the word " regulate " insert " prohibit and." On motion of Mr. Nugent, laid on the table. Mr. Stockdale offered the following as a substitute for sec- tion 28 : " Sec. 28. K'o law or laws of this State shall be suspended ex- cept by the Legislature, which may only suspend in the same manner as laws are made or repealed. Whenever a law is sus- pended it shall be for a time certain." Mr. Wade proposed to amend the amendment by inserting after " Legislature " the words, *' by a two-thirds vote." Lost. Mr. Stockdale's substitute was lost. Mr. Cliue proposed to amend by striking out of section 21 the words, "and the estates of those who destroy their own lives shall descend or vest, as in case of natural deatli." Lost. Mr. King proposed to amend as follows : Amend section 1, line 3, by striking out the words, " subject only to," and insert in lieu thereof, " limited only by." Mr. Sanson! offered the following substitute for the amend- ment: At the end of line 3, section 1, insert " limitations imposed by-" Mr. Crawford offered section 1 of the original article, as it was reported by the committee, for section 1 of the engrossed article. Mr. Gaither moved to adjourn. Lost. On motion of Mr. Fleming, the main question was ordered. Mr. Sansom's substitute lost. Mr. King's amendment lost. The question then, on Mr. Crawford's substitute, was put and substitute lost by the following vote, it requiring a two-thirds vote to amend : Yeas — Allison, Abernathy, Barnett, Burleson, Crawford, Cook of Gonzales, Cardis, Dillard, DeMorse, Darnell, Davis of Brazos, Henry of Limestone, Haynes, Kilgore, Killough, Lynch, Martin 436 JOURNAL OF THE [Oa. 22, 1875. of Hunt, McKinney of Denton, McKinney of Walker, Norvell, Nunn, Reagan, Robertson of Bell, Spikes, Scott, Whitehead, Wright, Whitfield— 28. Nats — Arnim, Abner, Brown, Ballinger, Blassingame, Bruce, Chambers, Cooke of San Saba, Cline, Douglas, Dohoney, Davis of Wharton, Erhard, Ford, Flonrnoy, Fleming, Ferris, Gaither, Graves, Holt, Henry of Smith, Johnson of Franklin, Johnson of Collin, King, Lockett, Lacy, McLean, Martin of Navarro, McCabe, Morris, Mills, Mitchell, McCormick, Murphy, Nugent, Pauli, Reynolds, Robeson of Fayette, Russell of Harrison, Russell of Wood, Sessions, Smith, Stockdale, Stayton, Sansom, Weaver, Waelder — 47. The article — , " Bill of Rights," was then finally passed by the following vote : Yeas — Allison, Abernathy, Arnim, Brown, Ballinger, Blassin- game, Barnett, Burleson, Crawford, Chambers, Cook of Gonzales, Cooke of San Saba, Cardis, Douglas, Dillard, DeMorse, Doho- ney, Darnell, Davis of Brazos, Davis of Wharton, Erhard, Ford, Flournoy, Fleming, Ferris, German, Gaither, Graves, Henry of Smith, Henry of Limestone, Haynes, Johnson of Franklin, Johnson of Collin, King, Kilgore, Killough, Lacy, Lynch, McLean, Martin of Navarro, McCabe, Morris, McKinney of Denton, McKinney of Walker, McCormick, Murphy, Norvell, Nunn, Nugent, Reagan, Robertson of Bell, Robeson of Fayette, Russell of Wood, Spikes, Scott, Sessions, Smith, Stockdale, Stay- ton, Sansom, Wade, Whitehead, Wright, Weaver, Whitfield, Waelder — Q6. Nays — Abner, Cline, Lockett, Mills, Mitchell, Pauli, Reynolds, Rentfro, Russell of Harrison — 9. On motion of Mr. King, the Convention adjourned until 9 o'clock a. m. to-morrow. FORTY-FIRST DAY. Hall of Representatives, j Austin, Texas, October 22, 1875. ) Convention met pursuant to adjournment ; roll called ; quorum present. Prayer by the Rev. T. B. Lee, of St. David's Church, at Austin. Journal of yesterday read and adopted. Mr. Wright presented the petition of the Paris bar asking the passage of an ordinance validating certain acts of justices of the peace in Lamar county. Oct. 22, 1875.] CONSTITUTIONAL CONVENTION. 437 Referred to Committee on Ordinances. Mr. DeMorse submitted the following minority report and article : To the Hon. E. B. Pickett., President of the Convention : The undersigned, a member of the Committee on the Judicial Department, being unable to agree with the majority of said committee in many of their recommendations, begs leave to sub- mit to the Convention the accompanying plan of judicial admin- istration. He believes that the greatest relief to be afforded to the peo- ple by a new constitution, is to be found in a radical change of the judicial system, and a great reduction of its cost, and such a thorough reorganization as will make it largely self-sustaining, leave masses of the people, now forcibly drawn from their homes for weeks at a time (and most wrongfully at their own expense), to continue at their occupations, and eradicate as near as may be, that wrong of all systems heretofore — making the peaceful and uncontesting and laborious bear the burthens imposed by the litigious — in effect, forcing the best citizens to bear burdens they have not created, by changing wholly also that system by which the jails are kept full, and the counties are taxed to feed the inmates (the honest people being punished in order to punish the criminals), by providing prompt trial for offenders, and when they are con- victed and adjudged to punishment, forcing them to labor in the service of the counties where the wrong is committed, and which have been burdened with their trial and punishment ; and in pursuance of this object, so constituting the Supreme Court, that all appeals in criminal cases can be promptly responded to, instead of a delay of several months, during which the honest laborers of the country are taxed for food for the criminal drone. As a part of this system of reorganization and retrenchment, the undersigned proposes to give the trial of all petty criminal cases to the magistrates, and in all cases except those involving ex- treme punishment, avoiding cost of transportation to the Peni- tentiary, and placing the labor which now brings no compensa- tion whatever to the State at the service of the counties, which can profitably employ it, under the direction of a county overseer, and may, by the use of that labor, keep the public roads always in good order, and establish county poor-farms, upon which paupers, by the aid of this labor, may become self-sustaining. In addition to this, the convict force may be employed upon any other character of labor beneficial to the counties, or be placed at the service of individuals for hire, as is now successfully and 438 JOURNAL OF THE [Oa. 22, 1875. profitably done by the lessees of the State Penitentiary ; the pro- ceeds of such hire to go into the county treasury. Arrangements can be made for the security of the prisoners while at labor and their confinement at night. There is another object to be held in view not less in magni- tude— the preservation of the purity of adjudication and the pre- servation of life, liberty and property, by constituting juries only of intelligent citizens of good character, and, secondarily, the re- duction of cost, by reducing the useless number composing them. The undersigned believes that it can not be demonstrated by reasoning that twelve intelligent men are more likely to give a correct verdict than five of that same number. In fact, it is clear to him that tlie ponderous jury system here- tofore in use, however reasonable it may have been when the masses of the people where it prevailed were ignorant, and its security to life and property lay in the hope that in that mass of iecnorance a strain of intellisrence could be found to direct the mass, or of stubborn honesty to resist corrupt tendencies, neither of these considerations is valuable now, if we will constitute in- telligent juries, composed exclusively of persons of good charac- ter, and permitting lack of intelligence, as bounded by a knowl- edge of reading and writing, or a lack of good character, to constitute a right of peremptory challenge. Finally, by a small docket fee, the State can be largely reimbursed ibr the salaries paid to judges, by compelling those who desire the service of the courts to repay in some measure the cost. All which is respectfully submitted. Chakles DeMokse, One of the Committee. " The Judicial Department of the State shall consist of a Supreme Court of two divisions; of twenty District Judges, having a convenient jurisdiction, to be defined by the Legisla- ture ; of a County Court for each organized county in the State ; of such municipal courts as the Legislature may create, and a magistracy, of number to suit extent of territory within each county, and sufficient for the convenience of the people; and all of these officers shall be elective by the people. "The Supreme Court shall be of two divisions, one known as the Supreme Court of Civil Jurisdiction, and the other as the Supreme Court of Criminal Jurisdiction ; and the judges thereof shall be voted for with reference to the division to which they are to be assigned. ^' The Supreme Court shall be an appellate court, but either branch shall have the power to issue writs of liahecis corpus^ man- Oct. 22, 1875.J CONSTITUTIONAL CONVENTION. 439 damus and injunction, and shall have a general controlling super- intendence over inferior courts. " The criminal division shall take cognizance of all appeals from the District and County Courts, and the civil division shall hear all appeals from the District Court, and by certiorari^ approved by a district judo-e, from the County Courts. '' The Supreme Court shall have power, upon affidavit or other- wise, to ascertain facts necessary^to the just exercise of its juris- diction. " The civil division of the Supreme Court shall sit at stated pe- riods, to be determined by the Legislature, at the seat of govern- ment, at , and at ....... unless, from reasons of public necessity, the Legislature shall provide otherwise. ^' The criminal division shall sit continuously throughout the year, at the seat of government, with such interruptions only as may be created by ill health of the judges, or a recess in mid- summer, not exceeding two months. " There shall be a clerk for each division of the Supreme Court, including one for each locality at which the civil division shall hold its sessions ; which clerks shall be appointed by a majority of the judges in each division, and shall give such bonds as may be required by the court, and shall hold their offices during good behavior. "Each division of the Supreme Court shall be composed of three judges, and each division shall elect its own chief justice, and in case of inability to agree, the Governor shall determine by ap- pointment. " The salaries of the Supreme Judges shall be $3500 each per annum, and shall be paid by the State upon stated claims to be approved by the Comptroller, and they shall hold their offices for the period of six years ; and no citizen shall -be eligible to a Supreme Judgeship unless he shall have been engaged in the practice of law in this State for at least ten years, or shall have been a judge of a State court for that length of time, or shall have been ten years occupied by legal pursuits either in one capacity or both. "A judge of the Supreme Court may be presented for impeach- ment, by either branch of that tribunal, upon charges of official misconduct, and that presentation being indorsed by the Gov- ernor, shall be tried by the Senate, the Attorney General acting as prosecutor in behalf of the State. " The style of all writs and process shall be ' The State of Texas.' AH prosecutions shall be carried on in the name, and 440 JOURNAL OF THE [Oa. 22, 1875. bj the authority of ' The State of Texas,' and shall conclude, ' against the peace and dignity of the State.' " The District Courts shall have jurisdiction in such counties as may be assigned to each district by the Legislature, and the judges thereof may authorize the issue of remedial process in adjoining districts whenever upon a sworn statement of facts and application for relief, thej^ shall deem such action essential to the enforcement of equity. " No Judge of a District Court shall be of bad moral character, less than thirty years of age ; or shall be eligible to the station unless he shall have been engaged in the practice of the law in the State of Texas not less than five years prior to his entrance upon the duties of his office ; and for any deficiency of any of these qualifications, or for misconduct in office, he may be im- peached by presentation of two-thirds of the attorn e^^s of the court residing in his district, and upon such impeachment in- dorsed by the Supreme Court of civil jurisdiction, he may be tried by the Supreme Court of criminal jurisdiction, and upon recognition and indorsement of the charges by the civil Supreme Court, the Governor shall suspend the exercise of his functions, and appoint a judge pro tern, for his district; and if the Crimi- nal Supreme Court shall declare the charges proven, and an adequate cause for removal, the Governor shall, without delay, give thirty days' notice by proclamation, that a vacancy exists, and authorize an election to be held in the district at the termin- ation of that time to fill the unexpired term. " The District Court shall have two terms in each j^ear, at such times as the Legislature shall direct, and niay, by authorization of the Legislature, hold special terms. '' The District Court shall have original jurisdiction in suits for assumpsit for above five lumdred dollars, and concurrent juris- diction wnth the County Court for all sums not less than two lumdred dollars, exclusive of interest, and of all cases of breach of contract, fraud, slander, divorce, trial of title to land, for en- forcement of liens, trial of riglit of property, either under lev^y or fraudulent seizure, where the amount involved exceeds two hun- dred dollars, and of all suits of whatever character involving the rights of the State, and of all suits, complaints or pleas whatever where the value in controversy exceeds five hundred dollars, having no regard to any distinction l)etween law and equity, and of all criminal offenses of which the punishment is death or confinement for life, shall issue all remedial writs for the benefit of individuals, or writs of right to enforce its own jurisdiction, Oct 22, 1875.J CONSTITUTIONAL CONVENTION. 441 decide appeals from the County Courts, and shall have general supervision over all inferior tribunals. " The District Judges shall hold their offices for four years, and shall receive an annual salary, paid by quarterly installments out of the State Treasury, of two thousand dollars, which may be increased by the Legislature at it ssecond session, or thereafter, to twenty-five hundred dollars. " There shall be elected by the qualified voters of each county, every four years, a Clerk of the District Court, who shall keep the records of said court, and issue all writs and other processes, and who may be removed for official misconduct or incapacity, by presentment of a grand jury, and trial by a petit jury, and, in case of removal, his place may be temporarily filled by the judge until such time as his place may be rilled by election, upon an order issued by the County Commissioners. " There shall be elected by the qualified voters of each county a Judge of the County Court, who shall have the same qualifica- tions as a Judge of the District Court, the same tenure of office, and who shall be removable for similar causes, upon presentment of two-thirds of the attorneys of good character, residing in his county, which presentment being indorsed and approved by the District Judge of his district, sliall be presented to the Governor, who shall indicate four District Judges outside of the district of the accused, who shall sit upon his case, and may decree his re- moval, eitlier from failure of prescribed qualifications, incompe- tency or misconduct ; and upon certificate of their decision of re- moval, the Governor shall declare a vacancy, and proceed as in the case of a removal of a District Judge ; provided, that in all cases where such a court can not, from any cause, be organized, the class of business herein assigned to it may be done in the District Court. " The Judge of the County Court shall open it on the first Mon- day of every month, and keep it open on every day, except Sun- day, as long as there shall be cases ready for trial, and criminal cases shall always have precedence ; and it shall be the duty of the judge thereof to assign certain days in each month for the trial and investigation of probate business. " The pay of a judge of a County Court shall be one thousand dollars, to be paid in quarterly installments out of the State Treasury; five hundred dollars to be paid quarterly out of the county treasury, upon warrants issued by the County Commis- sioners, and such fees for the administration of probate business as shall be defined by the Legislature ; provided, that in coun- ties where the fees of office are equal to the compensation al 442 JOURNAL OF THE [Oa. 22, 1875. lowed a judge of the District Court, there shall be no compensa- tion paid out of either the State or the county treasury ; and in no case shall any judge of the County Court receive more pay than the judge of a District Court. " The County Court shall have jurisdiction of all such matters of controversy as are defined in the jurisdiction of the District Court, not exceeding in amount claimed five hu^ndred dollars, exclusive of interest, except that it shall not grant divorces, or try suits for title to land, or suits for defamation of character. It shall have control and guardianship of the estates of deceased persons, and control of the persons and estates of minors and insane persons, persons 7ion coinjyos rnentw^ and common drunk- ards ; it shall hear appeals from magistrates' courts in all civil cases above ten dollars in value, and in all trials by magistrates for misdemeanors or thefts, and shall have revisory power over uiagistrates' courts by certiorari or riiayidam.us j shall have con- current jurisdiction with magistrates of all assumpsits and claims for trespass or damages for over one hundred dollars, and over all thefts and misdemeanors; and shall have original juris- diction of all criminal cases under the grade of capital, or whose punishment may be confinement for life ; but an appeal from its judgments shall lie, either to the District Court or to the Crim- inal Supreme Court, at the option of the defendant, for all criminal offences charged, and in all removals to the District Court, the case shall be tried de novo / but in no case shall the State hav^e a right of appeal in criminal cases. Appeals shall also lie of right, in civil cases, to either the District Court or the Civil Supreme Court. " The Judges of the Supreme, the District, and the County Courts shall be conservators of the peace. " There shall be a Clerk of the County Court, elected by the qualified electors of the county, every two years, who shall also be County Recorder, and ex ojjicio Notary Public. He shall give bond in a sum to be determined by the County Judge, com- mensurate with his trust; shall keep the records of the county, and affix the seal to process and certificates ; and he shall receive fees of office as prescribed by law, and in no case to exceed in the aggregate $3000 per annum ; and he shall kee[) a fee-book, and enter daily, under the responsibilities of liis oath, all fees received by him, which shall be examined by the County Com- missioners at every regular meeting ; and they shall require that whenever his fees, at the end of every year, from the commence- ment of his term as County Clerk and Count}^ Recorder, shall have exceeded the allowance above specified, the surplus, after Oct. 22, 1875.J CONSTITUTIONAL CONVENTION. 443 deducting actual and necessary cost of assistance for recording, shall be paid into the country treasury ; irrovided^ that in coun- ties with less than 8000 population, the offices of Clerk of the District Court, and Clerk of the County, may, by authority of the County Commissioners, be vested in one person, who shall receive the fees of both offices, and retain them, to an amount not exceeding that herein specified. "There shall be elected in each county of the State, a Board of County Commissioners, which shall be composed of live persons, and shall meet on the first Monday of every second month, and which, when necessary to the public interest, may provide for extraordinary meetings, or may be convened in extraordinary session by the Judge of the County Court, and who shall receive for their services two dollars per day, while in session, to be paid out of the county treasury. And they shall keep their own records, in a bound book, to be kept in the office of the County Clerk, at all times subject to general inspection. And they shall have a general control of the county finances, and authorize the County Clerk to issue warrants upon the county treasury for the payment of county indebtedness, including the quarterly pay- ment of the Judge of the County Court ; and warrants for their own pay shall be issued by the County Clerk, after each meet- ing, upon calculation of time, as shown by their own records. '^ There shall be elected every two years, by each county, a County Attorney, who shall represent the State in the District Court and in the County Court, and whose duty it shall be to prosecute all oftenses charged by indictment or by information sustained by probable evidence, and to be vigilant in the obtain- ment of information ; and where the offenses charged are within the scope of a magistrate's jurisdiction to prosecute before a mag- istrate, without delay, unless it shall be desirable for purposes of justice to have trial of the case by the County Court. " The County Attorney shall receive a salary of three hundred dollars per annum, one -half to be paid by the State upon quar- terly accounts approved by the Comptroller, and one-half by the county upon quarterly warrants issued by the County Clerk, ap- proved by the County Commissioners ; and the County Attorney shall receive such fees as may be allowed by the Legislature for all convictions procured by him. " The County Commissioners of each county shall define the magistrate's precincts and voting precints of the county, and shall authorize the election of not more than two magistrates for each precinct, who shall hold their courts monthly for determina- tion of civil causes, and for examination and trial of persons 444 JOURNAL OF THE {Oct. 22, 1875. charged with crime, on any day of the week except the Sabbath, and who shall be conservators of the peace, and shall make in- quiry into all offenses committed within their cognizance, or reported upon testimony deemed reputable, and shall have power to summon persons and compel evidence of all offenses com- mitted in their vicinage, and shall try all criminal offenses of a grade not exceeding theft to the value of twenty dollars, includ- ing thefts from a house, and all misdemeanors,yncluding simple and aggravated assaults, assumpsits on note or open account, trespasses and other ]sait3 for damages, where the damage alleged is not in excess of his civil jurisdiction, which is hereby fixed at two hundred dollars. "Executions from magistrate's courts for amounts exceeding fifty dollars shall not be returnable under sixty days, and for amounts exceeding one hundred dollars not under four months. Appeals shall lie to the County Court in all judgments for money for more than ten dollars, and by certiorari for all amounts, and in all cases of removal the trial in the County Court shall be de novo, " Cases of vagrancy charged may be tried before the nearest magistrate, or before the County Court, and decisions by magis trates in this class of cases may be revised by the County Court. " There shall be elected by the qualified voters of each county one Sheriff, whose ofiicial term shall be two years, who shall be re-eligible but once successively, and who shall be removable by action of the District Court, on trial before jury, upon charges of ofiicial misconduct presented by the County Commissioners or by a grand jury ; and in case of vacancy, the Judge of the Dis- trict Court shall appoint a Sheriff, who shall serve until a special election can be held under direction of the County Commis- sioners. " The Legislature shall provide for the election of one Consta- ble for each magistrates' precinct, who shall be removable for ofiicial misconduct by the County Court, upon trial by jury, upon complaint signed by twelve freeholders of the precinct, or by indictment found by a grand jury. " The County Commissioners shall annually select from a list of the freeholders of the county, to be prepared by the County Assessor, a grand jury of twelve citizens of reliable intelligence, to serve as grand jurors, for the period of one year, who shall sit at each semi-annual term of the District Court, and at every third term of the County Court not held while the District Court is in session, and shall act as a grand inquest for the county, and shall find bills for all offenses against the law, with Oct. 22, 1875.] CONSTITUTIONAL CONVENtlON. 445 the assistance and infornaation given by the county attorney, and with power to send for persons and papers ; and nine grand jurors concurring, shall be sufficient to find a bill of indictment. " Petit jurors for the trial of all causes, civil and criminal, be- fore any of the courts of the State, shall be composed exclusively of intelligent citizens of [good character, who can read and write, and a list of such citizens of good moral character shall be made out by the Clerk of the County Court from the Assessor's rolls, and he shall select from such prior to the sitting of each District and County Court a number presumably adequate for petit jury duty at each term, and shall not, if the number of qualified jurors in the county is sufficient, select one citizen twice in any one year; and if the parties so designated by him and summoned by the Sheriff, shall in any event prove insufficient, then the Sherifi" shall summon talismen sufficient to complete the juries, always adhering to the rule of qualification herein prescribed, and no citizen shall be subject to jury duty who has attained the age of sixty years. " Any party who shall bring suit in either the District or the County Court shall, before process shall issue thereon, pay a docket fee of not less than three dollars, which shall be retained by the clerk on deposit, and three days before the first term the clerk thereof shall remit the aggregate of such fees, by postal or- der, or otherwise, to the Comptroller of the State, who shall return a certificate therefor, and, making an entry showing the source of payment and the amount, shall then pay it into the State Treasury, to the credit of the judicial fund, and shall be subject to appropriation by the Legislature. " If after any day of trial in any court, the fees paid by liti- grants for jury service shall be more than sufficient to pay the jurors their prescribed compensation, then, at the close of the day, the clerk of the court or the magistrate, as may be, shall return the excess, jpro rata^ to the several litigants who have paid in the money. " Li all criminal ofi*enses the punishment for which has hereto- fore been confinement in the State Penitentiary for a period not exceeding five years, the convict shall hereafter be sentenced to labor in the county where the offfense was committed, upon the public roads and bridges, the county poor-farm, or such other labor as the County Commissioners shall direct, and the convict shall be in the same duress as heretofore when laboring for the State. " Juries for the trial of all civil cases shall be composed of five citiizens ; and juries for the trial of all criminal cases, the punish- 446 JOURNAL OF THE \0d. 22, 1875. ment of which is not death or confinement or assignment to labor for life, shall be composed of seven persons ; juries for the trial of all cases the punishment of which is death or life-long labor or confinement, shall be composed of twelve persons ; and persons subject to trial for any grade of offense, or being a party to a civil cause, shall have a peremptory challenge against all persons who can not read and write, or are not of good moral character ; provided, that all persons are not challenged for disqualification or consanguinity or peremptory right under the law, shall be good jurors in criminal cases, who will swear that they entertain no bias or prejudice, and have not formed any previous opinion which may not be removed by hearing the evidence ; provided, that after hearing the evidence any one juror shall from sickness be unable to continue the performance of his duties, he may be excused by the presiding judge, and the remaining jurors shall be competent to render a valid verdict. "All parties bringing civil actions, who shall desire trial by jury, shall so state in their petitions, or when before magistrates, orally, and in such case shall deposit the jury fee for one day in advance ; and all parties responding to actions shall state in their answers if they desire jury service, and if they do not, they shall not be taxed therefor ; and if the defendant shall desire a jury, then he shall deposit the cost thereof for one day ; and if he shall make good defense, the cost thereof shall be taxed against the plaintiff"; and in the trial of all causes those in which juries are demanded shall be first tried; provided, that in all criminal cases involving more than ten dollars penalty, the party com- plained of shall have a right of trial by jury, without payment of fee ; and provided, that in no case shall the county pay the cost of jury service, except for convictions in criminal cases. " Every Board of County Commissioners shall have power to elect a county overseer, to superintend the labor of convicts, by work upon roads and bridges, county poor-farms, or any other labor beneficial to the county, under the general control of the said commissioners ; and shall fix the compensation and prescribe the duties of said overseer, and shall provide for the payment of his salary out of the county treasury." On motion of Mr. McLean, two hundred copies of the report and article were ordered printed. Mr. Robertson, of Bell, submitted the following report: Committee Koom, \ Austin, October 22, 1875. f To the Hon. E. B. Pickett, President of the Convention : The undersigned, one of the minority of the Committee on Oct. 22, 1875.] CONSTITUTIONAL CONVENTION. 447 Pnblic Lands and Land Office, begs leave to dissent from the re- port of the majority of said committee, upon the subject of grant- ing lands to railroads in the future, for the following reasons : 1. That the policy of Texas from the earliest settlement has been to get her domain settled with tillers of the soil. That she gave at iirst one league and one labor of land to heads of fami- lies, and one-fourth of a league to single men. That this policy was continued down to the present day, lessening the quantity as the country progressed in settlement, until it has been reduced to one hundred and sixty acres for heads of families and eighty acres for single men, always carrying as a condition to the various grants the condition of settlement and cultivation, and permanent residence in the country. 2. That the policy inaugurated in 1854, known as the gen- eral railroad law, had for its avowed object the more speedy set- tlement of tlie country than could be accomplished under the former policy ; the introduction of foreign capital into the coun- try; the defense and settlement of the wild and unoccupied lands along the entire length of the parallel of thirty two degrees north latitude, embracing the finest country in Texas. 3. That intersecting roads should connect with the coast, bays and bayous of the Gulf of Mexico. 4. That to carry out the first proposition the Southern Pacific was chartered, running laterally through the State on the par- allel of 32 degrees, north latitucle, in the direction of New Mex- ico and California. That sixteen sections to the mile was granted along the line of said road. Tliat within twelve years these lands were to be alienated, carrying with the grant the idea that sixteen families to the mile would be settled along the line of 32 degrees for a distance of over seven hundred miles, or eleven thousand two hundred fami- lies, actual occupants and tillers of the soil, who would not only afford protection to the trans-continental commerce conducted on and over this great highway through Texas, but would have afforded ample protection to all of the country south of the said parallel of 32 degrees. 5. That this highway of the world would be intersected at various points by roads running from the coast, say four or five, averaging four hundred miles in length each, receiving sixteen sections to the mile, assuring also the actual settlement of twenty- five thousand six hundred families, tillers of the soil. And re- serving to the government, free from location or pre-emption along the line of the Southern Pacific, eleven thousand two hun- 448 JOURNAL OF THE {Oct. 22, 1875. dred sections, or seven million nine hundred and seventy-nine thousand two hundred acres of land, and along the lines of the intersecting roads from the seaboard twenty-iive thousand six hundred sections, or sixteen million four hundred and nine thou- sand six hundred acres. There can be no question that this policy was conceived in wisdom, and sound, far-seeing statemanship and eminently worthy of the great minds of Houston, Kusk, and other eminent men of Texas, who mapped it out. 6. There is no doubt that the framers of the railroad law of 1854, contemplated that its provisions should be carried out in good faith. That the roads chartered under its provisions should be built with foreign capital within twelve years, and all the railroad lands, sixteen sections to the mile, alienated within the contract time, and occupid by actual settlers, assuring complete protection to all Texas from the inroads and depredations of the hostile Indians on the country south of thirty-two degrees. T. That Texas would thereby have been relieved from a large tax that has been, and is- still, levied annually upon the values and general industries of the country, to defend the line of thirty-two degrees scross the entire length of the State. That with this and the intersecting roads from the coast, every portion of Texas would have been completel}^ built up long since. That the charters carried on their face the fact that they were all to terminate in twelve years from their respective dates, and were not to be extended beyond that time. That the history of the Southern Pacific and other railroads for the last twenty years shows that failure after failure to com- ply with their engagements has followed. That instead of introducing foreign capital as an equivalent for the large bodies of land donated, and the privilege of operating railways in the State, that in less than two years from the date of the first charter, they secured the passage of the act of August 13, 1856 (article 1682, Oldham & White), requiring the loan of the school fund to railroads for the term often years, at the low rate of six per cent., when it could have been loaned at ten per cent. That the Legislatures, instead of enforcing a compliance by the railroads with the terms of their charters, as they ought to liave done in justice to the country, granted one extension after another, one gratuity after another, until now they base a claim Oct. 22, 1875.] CONSTITUTIONAL CONVENTION. 449 of vested right, not by virtue of any contract, but upon the grace heretofore shown to them. They now claim as a vested right w^hat was only intended as, and was in truth, a gratuity. They aim to control in future, as they have done in the past, the Legislatures of the country. Their appetites are as keen as ever. They demand not only a further extension of their con- tracts, but demand that the constitution sJicdl be left open to further railroad grants by the Legislature. The undersigned would not destroy, or assent to the destruc- tion of any vested right, of any character whatever, that is based on the laws of the country, but feels bound to enter his solemn protest against the policy of leaving the Legislature authorized to continue the donation of the public domain of the State to railroads — a policy that has absorbed nearly one-fourth of the entire area of Texas, the rightful inheritances of, and should have been held for the use and occupation of the descend- ants of the men who paid for it with their money and their lives ; a policy that has taken its own time to pass through the most densely populated sections of the State, destroying the value, in a great degree, of all the towns along its route, built at great trouble and expense by the pioneers of the country ; a policy that has fastened on many of the towns and counties of the State a debt that will not only absorb all the profits from the industries of the present generation, but holds a lien on the children of the country for many succeeding generations ; a policy that has done more to demoralize legislation, and destroy confidence in the minds of the people toward their Legislatures, than any other question that has ever come before the country, and should now be closed. The undersigned further believes that if there is still left any public domain that has not been heretofore appropriated, that it should be left for actual settlers, as pre-emptions, and for sale, the proceeds applied to the payment of the debt of the State. All of which is respectfully submitted. E. S. C. Robertson, Chairman. On motion of Mr. Cline two hundred copies were ordered to be printed. Mr. Ramey submitted the following : Committee Room, Austin, October 22, 1875. To the Hon. E. B. Pickett, President of the Convention : Your Committee on Engrossed and Enrolled Ordinances bea* leave to report to your honorable body that they have carefully. 29 450 JOURNAL OF THE [Od. 22, 1875. examined and compared Article — , " Legislative Department," and find the same correctly engrossed. Repectfully, Wm. Neal Kamet, Chairman. On motion of Mr. German, two hundred copies of the en- grossed ordinance were ordered printed. Mr. West submitted the following report : Committee Koom, ) Austin, October 21, 1875. f To the Hon. E. B, Pickett^ President of the Convention: The Committee on General Provisions, to whom was referred a memorial of Dr. L. G. Lincecum, of Travis county, calling the attention of the Convention to the propriety of inserting in the constitution a clause making it the duty of the Legislature to pass a law placing the practitioners of the different schools of medicine on an equality, and providing for the establishment of medical colleges in the State, open alike to all students of medi- cine, have carefully considered the same, and have instructed me to report, that while we recognize the importance of the subjects treated of in the memorial, they deem it best to leave the Legis- lature free to act on the matter as they may deem best, and that it is not expedient or proper to insert in the constitution any clause on the subject. They therefore instruct me to return the memorial, and recom- mend that its prayer be not granted. Respectfully submitted, C. S. West, Chairman. Mr. McLean offered the following sections : " Sec. — . In all civil or criminal actions for slander or libel, the truth of the words spoken, published, or written, may be given in evidence to the jury; and if it shall appear that the alleged slanderous or libellous speech, publication, or writing, is true, and was proper for public information, and was spoken, published, or written, with good motives and for justifiable ends, it shall be a suflicient defense." Referred to Committee on General Provisions. " Sec. — . The Legislature shall, at its first session after the ratification of this constitution, provide pensions for the disabled and indigent surviving soldiers of the revolution, by which the independence of Texas was achieved in the year 1836." Referred to Committee on State Affairs. The hour having arrived, the special order, viz : the majority and minority reports of the Committee on Revenue and Taxa- tion, with accompanying articles, were taken up. Oct 22, 1875.J CONSTITUTIONAL CONVENTION. 451 [Mr. Brown in the chair.] Mr. Reagan offered the following as a substitute for the article reported by the majority : " Taxation shall be equal and uniform throughout the State. All property in the State shall be taxed in proportion to its value, to be ascertained as directed by law, except such class or classes of property as two-thirds of both Houses of the Legisla- ture may think proper to exempt from taxation. " The Legislature shall have power to levy an income tax, and to tax all persons pursuing any occupation, trade, or profession ; provided, that the term occupation shall not be construed to apply to pursuits either agricultural or mechanical. ''Assessors and collectors of taxes shall be appointed in such manner and under snch resiulations as the Leo;islature mav direct. Mr. Waelder proposed to amend the substitute by adding the following sections : " Section 1. The Legislature shall provide for the appoint- ment of a Board of Appraisers in each county, who shall appraise for taxation all property in the county, whether owned by resi- dents or non-residents, according to its value ; and all taxes levied or assessed upon the property so appraised may be paid to the collector of taxes of the county or the Comptroller of the State. " Sec. 3. All railroads and other corporations of this State, or doing business therein, shall be subject to taxation for State, county, or municipal and other purposes on the real and personal property owned or used by them. " Sec. 4. There shall be a collector of taxes in each county in this State, who shall be elected in such manner and receive such compensation as may be provided by law. " Sec. 5. The Legislature shall provide for the collection of taxes and for the sale of property upon which taxes remain un- paid, and that sale, made under such proceedings as may be pro- vided, shall vest title in the purchaser at such sale. " Sec. 6. The State tax on property, exclusive of the tax necessary to pay the public debt and the interest thereon, shall never exceed fifty cents on the one hundred dollars valuation." Mr. McLean raised the point of order, that the article accom- panying the report of a minority of the committee was not be- fore the Convention ; that it must be presented separately by a member, and not come in with a report of a minority of the com- mittee. [Barkley, p. 62.] / 452 JOURNAL OF THE \0a. 22, 1875. On motion of Mr. Cook, of Gonzales, the Convention ad- journed to 2^ o'clock p. M. EYEISTING SESSION— 2i o'clock. Convention met pursuant to adjournment ; roll called ; quorum present. Question pending when the Convention adjourned — viz., " Kevenue and Taxation " — again taken up, with pending amend- ment. On motion of Mr. McKinney, of Walker, Mr. Lynch was ex- cused from attendance on the Convention on account of sickness. Mr. Ramey made the following report : Committee Room, ) Austin, October 22, 1875. f To the Hon. E. B. Pickett, President of the Convention: Sir — Your Committee on Engrossed and Enrolled Ordinances beg leave to report to your honorable body that they have care- fully examined and compared " Article — , On Railroads," and find the same correctly engrossed. Respectfully, Wm. Neal Ramey, Chairman. The following communication was taken from the President's desk and read : Department of State, | Austin, October 22, 1875. j To trie Hon. E. B. Pickett. President of the Convention : Sir — I have the honor to acknowledge the receipt of a certified copy of a resolution adopted by the Convention, October 21, 1875, of which the following is a copy : '^ Pesolved^ That the Secretar}^ of State, so far as he can, is requested to furnish to the Convention a list of all railroad char- ters granted since the commencement of the Legislature of 1866, under which no road has been built. '' Resolmed^ further.^ That he is requested to transmit to the Convention a list of all com])anies, of whatever n?>ture or kind, incorporated under the act " Concerning Private Corporations," approved December 2, 1871, and the various acts amendatory of or supplementary thereto." "Austin, Texas, October 22, 1875. " I certify that the above resolution was adopted by the Consti- tutional Convention, on the 21st day of October, 1875. [Signed,] " Leigh Chalmers, ''Secretary Convention." Oct. 22, 1875.] CONSTITUTIONAL CONVENTION. 453 In response to said resolution I beg leave to state that there is nothing in this office to show what railroads have not heeii built. All that appears on that subject is this : when a railroad com- pany completes a section of its road according to its charter, application is made to the Governor to appoint an engineer to inspect the section completed ; when the report of the engineer is received by the Governor it is filed in this office. Whether or not, all the work that has been completed has thus been in- spected, it is impossible to determine from any records or papers in this office. I find upon examination of the special laws, passed since the commencement of the Legislature in 1866, that eighty-three railroad cliarters have been granted by the Legis- lature since that time. It would require several days to make a list of all of these, giving the caption of the acts (which is the shortest method). I therefore give the pages on the index of the special laws of 1866, 18T0, 1871, first and second session 1873, 1874 and 1875. Special laws 1866, eleventh Legislature, index page 3. Special laws 1870, twelfth Legislature, index page 310. Special laws, first session 1871, twelfth Legislature, index p. 551. Special laws, second session 1871, twelfth Legislature, index page 274. Special laws, 1873, thirteenth Legislature, index page 826. Special laws, 1874, fourteenth Legislature, index page 103. Special laws, 1875, fourteenth Legislature, index page 158. Where a list of all railroad charters granted since the war can be found, and whicli, it is hoped, will answer the purposes of the Convention. I find that under the act concerning private corporations, ap- proved December 2, 1871, and the acts amendatory of, and sup- plementary thereto, five hundred and sixty charters have been filed in this office up to this date. The printed reports of the Secretary of State contain lists of all those filed prior to Decem- ber 1, 1874, but do not include those filed since that date, of which there are two hundred and forty-five. To make this list complete will require several days. This list, as well as a list of all charters granted to railroads since the commencement of the Legislature in 1866, will be furnished as soon as they can be prepared if the information herein furnished is not sufficient for the purpose of the Convention. I have the honor to be, very respectfully, Your obedient servant, A. W. DeBeery, Secretary of State. 454 JOURNAL OF THE [Oa. 22, 1875. Mr. Graves moved to lay the substitute and amendment on the table. Lost by the following vote : Yeas — Abernathy, Arnim, Brown, Blassingame, Barnett, Bruce, Chambers, Cardis, Dillard, DeMorse, Flournoy, Fleming, Ferris, Gaither, Graves, Holt, Henry of Limestone, Johnson of Franklin, Johnson of Collin, Killough, McLean, Martin of Na- varro, Martin of Hunt, Mills, Mitchell, McKinney of Denton, McKinney of AYalker, Nugent, Eamey, Kentfro, RusEell of Wood, Wade, Whitehead, Whitfield— 34. Nays — Allison, Abner, Blake, Ballinger, Burleson, Crawford, Cook of Gonzales, Cooke of San Saba, Cline, Donglas, Dohoney, Darnell, Davis of Brazos, Davis of Wharton, Erhard, Henry of Smith, Haynes, King, Kilgore, Lockett, Lacy, Morris, Norvell, Nunn, Pauli, Reagan, Reynolds, Robertson of Bell, Robeson of Fayette, Spikes, Scott, Sessions, Smith, Stockdale, Stayton, Sanson!, Weaver, West, Waelder — 39. The question on the adoption of Mr. Waelder's amendment was put, and the amendment lost. On motion of Mr. Nunn, Mr. Douglas was excused for ten days from Monday next. Mr. Dohoney ofi'ered the following amendment to Mr. Reagan's substitute : " Section 1. The ad valorem taxation for State revenue shall never exceed one-half of one per cent. And no higher rate of taxation than that levied for State purposes shall ever be levied by any county town or city ; j^'^ovided,, that in cities of over ten thousand population, a higher rate of taxation may be imposed, not to exceed per cent. ; and provided further, that coun- ties may levy and collect sufficient taxes to meet their present indebtedness. "Sec. 2. All property, real and personal, in organized coun- ties, whether belonging to individuals or corporations, shall be assessed and the taxes paid in the county where the property is situate. Property situate in unorganized counties may be as- sessed and the taxes paid thereon in such manner and under such regulations as the Legislature may prescribe. " Sec. 3. There shall be elected in each county, at the gene- ral elections, every two years, an assessor and collector of taxes, who shall liold his office for two years, and until his successor is qualified, and whose compensation and whose duties shall be prescribed by law." Accepted by Mr. Reagan. Mr. Fleming offered the article reported by him as one of the Oct. 23, 1875.J CONSTITUTIONAL CONVENTION. 455 Committee on Taxation and Revenue, as a substitute for the sub- stitute of Mr. Reagan, and the article reported by the majority of said committee. Adopted by the following vote : Yeas — Allison, Abernathy, Arnim, Abnei", Brown, Ballinger, Blassingame, Barnett, Bm-leson, Bruce, Crawford, Chambers, Cook of Gonzales, Cooke of San Saba, Cardis, Douglas, Dillard, Darnell, Davis of Wharton, Erhard, Ford, Flournoy, Flem- ing, Ferris, German, Graves, Holt, Henry of Smith, Haynes, Johnson of Franklin, Johnson of Collin, Killough, Lacy, Mar tin of Navarro, Martin of Hunt, McCabe, Morris, Mitchell, McKinney of Denton, McKinney of Walker, McCormick, Nor- vell, Nunn, Nugent, Pauli, Reagan, Reynolds, Rentfro, Rus- sell of Wood, Spikes, Scott, Stockdale,Stayton, Sansom, Wade, Whitehead, Weaver, Waelder — 58. Nats — Cline, DeMorse, Dohoney, Gaither, King, Kilgore, Lockett, McLean, Mills, Ramey, Robertson of Bell, Robeson of Fayette, Sessions, Wright, Whitfield, West — 16. IJpon calling the roll, Mr. Henry of Limestone stated that he had paired otf with Mr. Ross, who was absent ; that Mr. Ross would have voted yea, and Mr. Henry nay. On motion of Mr. Ballinger, the rule w^as suspended, and ''Article — , Judiciary," was taken up and made the special order for Tuesday next at 10 o'clock. On Motion of Mr. Brown, the rule was suspended, and "Article — , Railroads," was taken up and one hundred copies ordered printed. On motion of Mr. Fleming the Convention adjourned till 9 o'clock A. M. to-morrow. FORTY-SECOND DAY. Hall of Representatives, Austin, Texas, October 23, 1875. Convention met pursuant to adjournment ; roll called ; quorum present. Prayer by the Rev. T.B. Lee, Rector of St. David's Church, at Austin. Journal of yesterday read and adopted. On motion of Mr. Lacy, Mr. Davis, of Brazos, was excused until Tuesday next. Mr. Cooke, of San Saba, presented the memorial of sundry citizens of Lampasas county, on the subject of local option. 456 JOURNAL OF THE {Oct. 23, 1875. Keferred to Committee on General Provisions. Mr. Norvell submitted the following minority report on article .... '' Judiciary " : To the Hon, E. B, Pickett^ President of the Convention : The undersigned members of the Committee on the Judiciary Department are not satisfied that the article reported by the ma- jority of the committee adequately provides for the administra- tion of justice in the State. It does not provide, they submit, for the permanent relief of the Supreme Court from the constantly increasing pressure of business upon it. Neither does it, in their opinion, afford the desired relief to the District Courts, which, in many counties, are likewise overburdened with business. While the article proposed by the majority of the committee would fail, it is feared, to accomplish these essential ends, and, while it restricts appeals in some cases, and imposes onerous conditions upon them in others, it would probably sw^ell the ex- penses of this department of the government much beyond what it at present costs. The said article proposes dangerous innovations, it is conceived, in the trial by jury, and in the grand jury system, w^hich, if en- grafted into the organic law of the State, w^ill endanger the ex istence of these time-honored institutions, upon the preservation of which, intact, it is believed, depend the continued existence of the American system of free government and the security of the liberties of the people. Without further enumerating their objections to the article re- ported by the majority of the committee, the undersigned desire to call attention to the subjoined article, which, in their opinion, contains a more efficient plan for the judiciary of the State. It is believed that the system here proposed would completely obviate the difficulties and hindrances which at present surround and encumber the administration of justice. The Court of Appeals provided for, would, it is submitted, effectually and permanently relieve the Supreme Court of its accumulating mass of cases ; while the Probate Court and Chief Justice's Court, by cutting off a large portion of the present juris- diction of the District Court, would relieve the overburdened District Courts, an,d make it practicable to reduce the number of Judicial Districts. These results would be obtained, it is thought, without either denying appeals in cases of any considerable importance, or allowing them only upon compliance with burdensome condi- tions, amounting frequently to a practical denial thereof. Oct 23, 1875.J CONSTITUTIONAL CONVENTION. 457 The system here proposed, while it will, as is confidently be- lieved, prove entirely adequate to the wants of the conntry, will cost the State nearly seventy thousand dollars less than the present judicial system. The undersigned therefore beg leave to report the following article as a substitute for that submitted by the majority of the committee, and recommend its adoption. Kespectfully submitted, Lipscomb Norvell, Joe. p. Douglas. I concur in the foregoing plan, except as to the salaries of the judges, which, in my opinion, are too low to secure an inde- pendent judiciary. J. B. Murphy. " Article — . " judicial department. " Section 1. The judicial power of this State shall be vested in one Supreme Court, in a Court of Appeals, in District Courts, in Probate Courts, in County Courts, in Justices' Courts, and in such corporation and other inferior courts as the Legislature may from time to time ordain and establish; ^rovided^ that no judge of any court, except those of the Supreme Court, the Court of Appeals, and tlie District Courts, shall receive a salary from the State or from any county. "Sec. 2. The Supreme Court shall consist of a Chief Justice and two Associate Justices, any two of whom shall constitute a quorum. They shall be elected by the qualified voters of the State at a general election for State or county ofiicers ; they shall have arrived at the age of thirty years at the time of election ; shall hold their oflices for a term of six years, and each of them shall receive an annual salary of at least three thousand five hundred dollars, which shall not be increased or diminished during his term of ofiice. " Sec. 3. The Supreme Court shall have appellate jurisdiction only, from the Court of Appeals, which shall embrace all cases determined in said court ; provided^ however^ that the Supreme Court shall have and retain jurisdiction to try and determine the cases which shall remain on its dockets at the time of the organ- ization of the Court of Appeals under this constitution. The Supreme Court, and the judges thereof, shall have power to issue the writ of haheas corpus ^ and, under such regulations as may be prescribed by law, the said court and the judges thereof may issue the writ of unandamus^ and such other writs as may be necessary to enforce its own jurisdiction. The Supreme Court shall also have power, upon affidavits or otherwise, as by the 458 JOURNAL OF THE [Oa. 23, 1875. court may be thought proper, to ascertain such matters of fact as may be necessary to the proper exercise of its jurisdiction. The Supreme Court shall sit, for the transaction of business, from the first Monday of October until the last Saturday of June of every year, at the capital, and at not more than two other places in the State. " Sec. 4. The Supreme Court shall appoint its own clerks, who shall give bonds in such manner as may be required by law ; shall hold their offices for two years, and shall be subject to re- moval by the said court, for good cause, entered of record on the minutes of said court. " Sec. 5. The Court of Appeals shall consist of a Presiding Judge and two Associate Judges, any two of whom shall consti- tute a quorum. They shall be elected by the qualified voters of the State at a general election for State or county officers ; they shall have arrived at the age of tliirty years at the time of elec- tion ; shall hold their offices for a term of six years, and each of them shall receive an annual salary of at least $3500, which shall not be increased or diminished during his term of office. " Sec. 6. The Court of Appeals shall have appellate juris- diction only, which shall be co-extensive with the limits of the State. The Court of Appeals and the judges thereof shall have power to issue the writ of haheas corjyus / and, under such regu- lations as may be prescribed by law, the said court and the judges thereof may issue the writ of mandamus, and such other writs as ma}^ be necessary to enforce its own jurisdiction. The Court of Appeals shall also have power, upon affidavits, or otherwise, as by the court may be thought proper, to ascertain such matters of fact as may be necessary to the proper exercise of its juris- diction. The Court of Appeals shall sit, for the transaction of business, from the first Monday of October until the last Satur- day of June of every year, at the capital, and at not more than two other places in the State, at which the Supreme Court shall hold its sessions. The Court of Appeals shall not be required to deliver opinions in writing. "Sec. 7. The Court of Appeals shall appoint its own clerks, who shall give bond in such manner as may prescribed by law ; shall hold their offices for two years, and shall be subject to re- moval by the said court, for good cause, entered of record on the minutes of said court. " Sec. 8. The State shall be divided into convenient judicial districts. For each district there shall be elected, by the qual- ified voters thereof, at a general election for State or county officers, a judge, who shall reside in the same; shall hold his Oct. 23, 1875.] CONSTITUTIONAL CONVENTION. 459 office for the term of four years ; shall receive an annual salary of not less than $2500, which shall not be increased or dimin- ished during his term of service ; and shall hold the courts at one place in each county in the district, at least twice in each year, in such manner as may be prescribed by law. " Sec. 9. The District Court shall have original jurisdiction of all criminal cases ; of all suits in behalf of the State to recover penalties, forfeitures and escheats; of all cases of divorce; of all suits to recover damages for slander or defamation of character ; of all suits for the trial of title to land ; of all suits for the en- forcement of liens ; of all suits for the trial of the right of prop- erty, levied on by virtue of any writ of execution, sequestration or attacliment, when the property levied on shall be equal to, or exceed in value five hundred dollars; and of all suits, complaints or pleas whatever, without regard to any distinction between law^ and equity, when the matter in controversy shall be valued at, or amount to, five hundred dollars, exclusive of interest ; and the said courts and the judges thereof shall have power to issue writs of injunction, certiorari^ and all other writs necessary to enforce their own jurisdiction, and to give them a general super- intendence and control over inferior tribunals. All indictments for ofienses below the grade of felony returned to, and all infor- mations filed in the District Court shall be transferred to the court of the Chief Justice of the county, in such manner as may be prescribed by law, there to be tried or disposed of The Dis- trict Court shall have appellate jurisdiction in cases originating or tried in inferior courts, under such regulations, limitations and restrictions as the Legislature may prescribe, and original and appellate jurisdiction and general control over the probate court established in each county, for appointing guardians, granting letters testamentary and of administration ; for settling the accounts of executors, administrators and guardians, and for the transaction of business appertaining to estates, and original jurisdiction and general control over executors, administrators, guardians and minors, under such regulations as may be pre- scribed by law. " Sec. 10. There shall be a Clerk of the District Court for each county, who shall be elected by the qualified voters, and who shall hold his office for two years, subject to removal by in- formation or by indictment of a grand jury, and conviction by a petit jury. In case of vacancy the Judge of the District Court shall have the power to appoint a clerk until a regular election can be held. The Clerk of the District Court shall be recorder 460 JOURNAL OF THE [Oa. 23, 1875. for tlie countj, and ex-officio Clerk of the Probate, County and Cliief Justices' Courts. "Sec. 11. All Judges of the Supreme Court, Court of Appeals and District Courts shall, by virture of their office, be conserva- tors of the peace throughout the State. The style of all writs and process shall be ' The State of Texas.' All prosecutions shall be carried on in the name and by the authority of the ' State of Texas,' and conclude ' against the peace and dignity of the State.' "Sec. 12. In case of a vacancy in the offices of Justice of the Su- preme Court, Judge of the Court of Appeals, Judges of the District Courts and District Attorneys, the Governor of the State shall have power to fill the same by appointment, which shall continue in force until the office can be filled at the next general election for State or county officers, and the successor duly qualified. "Sec. 13. The Judges of the Supreme Court, Court of Ap- peals and District Courts shall be removed by the Governor, on the address of a majority of each house of the Legislature, for willful neglect of duty, misconduct, habits of drunkenness, op- pression in office, incompetency, or other reasonable cause, which shall not be sufficient ground for impeachment ; Provided^ how- ever, that the causes or cause for which such removal shall be required shall be stated at length in such address, and entered on the journals of each house ; Siud, pi'ovided further^ that the cause or causes shall be notified to the judge so intended to be removed, and he shall be admitted to a hearing in his own de- fense l^efore any vote for such address shall pass ; and in all such cases the vote shall be taken by yeas and nays, and entered on the journals of each house respectively. "Sec. 14. No judge shall sit in any case wherein he may be interested, or where either of the parties may be connected with him by affinit}'- or consanguinity within such degree as may be prescril)ed by law, or where he shall have been of counsel in the case. AVhen the Supreme Court, or any two of its members, shall be thus disqualified to hear and determine any case or cases in said court, or when no judgment can be rendered in any case or cases in said court, by reason of the equal division of opinion of said judges, the same shall be certified to the Governor of the State, who shall immediately commission the requisite number of persons, learned in the law, for the trial and determina- tion of said case or cases. When the Court of Appeals, or any two of its members, shall be thus disqualified to hear and deter- mine any case or cases in said court, or when no judg- ment can be rendered in any case or cases in said Oct 23, 1875.] CONSTITUTIONAL CONVENTION. 461 court, by reason of the equal division of opinion of said judges, the same shall, in like manner, be certified to the Governor of the State, who shall immediately commission the requisite number of persons learned in the law for the trial and determination of said case or cases. When a Judge of the District Court is thus disqualified, the parties may, by consent, appoint a proper person to try the said case ; or upon their fail- ing to do so, a competent person shall be appointed to try the same in the county where it is pending, in such manner as may be prescribed by law. And the District Judges may exchange districts, or hold courts for each other, when they may deem it expedient, and shall do so when directed by law. The disquali- fication of judges of inferior tribunals shall be remedied as may be prescribed by law. " Sec. 15. There shall be a District Attorney for each Judicial District in the State, elected by the qualified voters of the dis- trict, who shall reside in the district for which he shall be elected ; shall hold his ofiice for two years, and, together with the per- quisites prescribed by law, shall receive an annual salary of not more than five hundred dollars, which shall not be increased or diminished during his term of ofiice. " Sec. 16. Each county shall be divided into five justices' pre- cincts. There shall be elected in each county by the qualified voters thereof, as may be directed by law, five Justices of the Peace, one of whom shall reside, after his election, at the county seat, and shall be the Chief Justice ; and no two of said justices shall reside in the same justice's precinct. They shall hold their ofiices for two years, be commissioned by the Governor ; and should a vacancy occur, an election shall be held for the unex- pired term. " Sec. 17. There shall be established in each county in the State an inferior tribunal, styled the Probate Court, one term of which shall be holden by the Chief Justice, at the county seat, in each month, as may be prescribed by law. The Probate Court shall have jurisdiction to probate wills, to appoint guardians of minors, idiots, lunatics, and persons non compos mentis j to grant letters testamentary and of administration ; to settle the accounts of executors, administrators, and guardians ; to transact all busi- ness appertaining to the estates of deceased persons, minors, idiots, lunatics, and persons non compos mentis^ including the settlement, partition, and distribution of such estates ; and to apprentice minors under such regulations as may be prescribed by law. " Sec. 18. The justices of the peace in each county, or any 462 JOURNAL OF THE [Oct. 23, 1875. three of them, shall constitute the County Court, with such juris- diction over the local aifairs, interests and police matters in the county as the Legislature may prescribe. " Sec. 19. The Chief Justice shall have original jurisdiction of all misdemeanors and petty offenses, as the same are now or may hereafter be defined by law, of such civil cases, where the matter in controversy shall not exceed five hundred dollars, ex- clusive of interest, under such regulations, limitations, and re- strictions as may be prescribed by law, without regard to any distinction between law and equity, and appellate jurisdiction in cases originating in the other Justices' Courts in the county, under such regulations, limitations and restrictions as may be prescribed by law. The Legislature may provide for the election of a County Attorney, to represent the State and county in the Chief Justice's Court, whose term of oflice, duties and compen- sation, to consist of fees and commissions only, shall be such as may be prescribed by law. The other justices of the peace shall have such civil and criminal jurisdiction as shall be provided by law. The justices of the peace shall be ex-officlo Notaries Public. They shall also perform the duties of Coroner, except such as may, by law, be devolved upon Constables. " Sec. 20. There shall be elected in each county, by the qual- ified voters, one Sherift"; also one Constable for each justice's precinct, to be elected by the qualified voters of the precinct or county as the Legislature may direct, who shall hold their ofiices for two years, and should a vacancy occur, an election shall be held for the unexpired term. The Sheriff shall be commissioned by the Governor. " Sec. 21. In all cases of law or equity, where the matter in controversy shall be valued at or exceed twenty dollars, the right of trial by jury shall be preserved." On motion of Mr. Whitehead, two hundred copies of the report and article were ordered printed. Mr. West submitted the following report: CoMMrriEE Room, ) Austin, October 23, 1875. f To t/te Hon. E. B. Pichett^ President of tJie Convention : The Committee on General Provisions, to whom was referred a number of memorials from the Texas State Medical Associa- tion, endorsed and approved by a large number of citizens in difierent parts of the State, recommending the insertion in the constitution of a clause making it the duty of the Legislature to provide for an uniform system of sanitary regulations throughout the State, instruct me to report : Oct 23, 1875.] CONSTITUTIONAL CONVENTION. 463 That they have given the subject that careful consideration that its importance demands. It appears to them that it is as much the duty of the State to protect the lives and promote the health of its citizens as it is to protect their property, and that the organization of a department of health and of vital statistics would be productive of the most beneficial results. They do not, however, believe it necessary or expedient to insert any clause on that subject in the organic law. In time, no doubt, such a law, when required, will be passed, and all the important objects sought to be attained by the memorialists will be reached through the ordinary legislative channels. Respectfully submitted. 0. S. West, Chairman. Mr. McCormick submitted the following resolution : Resolved^ That the Committee on General Provisions be re- quested to inquire into the propriety of incorporating the follow- ing section in the proposed constitution : " Section — . The Legislature may establish a Bureau of Health and Yital Statistics, under such regulations and with such duties as may be provided by law." Referred to the Committee on General Provisions. Mr. Cook, of Gonzales, offered the following resolution : Resolved. That the Committee on Printing and Contingent Expenses be, and they are hereby authorized, to audit and ap- prove the claim of the State Gazette for furnishing one hundred copies of the paper, per day, to the Convention, for the first eight days of its session ; and that the same be paid as other contingent expenses of the body. Mr. JBalassingame offered the following amendment : Amend by adding, " Galveston News^ Houston Telegrajjh, and all other publications that were laid on our desks." On motion of Mr. Dillard, the main question was ordered. Mr. Blassingame's amendment lost. The question then recurring on the adoption of the main ques- tion, the yeas and nays were called, and the resolution adopted by the following vote : Yeas — Allison, Abernathy, Arnim, Abner, Brown, Blake, Burleson, Crawford, Chambers, Cook of Gonzales, Cline, Dillard, DeMorse, Darnell, Erhard, Ford, Flournoy, Fleming, German, Gaither, Henry of Limestone, Johnson of Franklin, Johnson of Collin, King, Killough, Lockett, Lynch, McLean, Martin of Na- varro, Martin of Hunt, McCabe, Mills, McKinney of Denton, McKinney of Walker, McCormick, Murphy, Nunn, Reagan, Ramey, Reynolds, Robertson of Bell, Robeson of Fayette, 464 JOURNAL OF THE {Oct. 23, 1875. Eiissell of Harrison, Scott, Sessions, Stockclale, Stayton, White- head, Wright, Weaver, Whitfield, West, Waelder— 53. Nays — Ballinger, Blassingarae, Bruce, Cooke of San Saba, Cardis, Donglas,"Dohoney, Graves, Holt, Haynes, Lacy, Morris, Mitchell, Moore, Norvell, JSTugent, Panii, Rentfro, Russell of Wood, Spikes, Smith, Sansoiii, Wade — 23. Mr. Mills offered the following : The following shall be a section of the constitution : " Sec. — . After the first day of January, 1877, no deed shall be received for filing and record by the clerk of the District Court, or whoever shall l)e made tlie recorder of deeds, unless accompanied by the tax receipt for the previous year, and for all years succeeding up to the time of offering such paper for record. The word deed shall apply to mortgages, deeds of trust, deeds of partition, or decrees of partition of lands, and deeds of sale." Referred to Committee on General Provisions. Mr. Russell, of Wood, offered the following resolution : Resolved^ That the Commissioner of the General Land Office be requested to furnish this Convention with a statement of all lands granted to each and every railroad in the State and the number of miles completed by each railroad. Adopted. Mr. Scott offered the following substitute for '' Rule 4 of the Amended Rules :" '' Rule 4. Whenever any article of the constitution shall be passed u])on its third reading, under the foregoing rules, it shall be, as of course, referred to the Committee on Stjde and Arrange- ment ; when the whole constitution shall be presented to the Convention by said committee it shall not be subject to any amendment that will change the meaning or intent, except by a two-thirds vote." Laid over under the rules. The hour having arrived, the special order, viz : *' Public Schools," was taken up, and, on motion of Mr. Nuim, postponed to Thursday next at 10 o'clock. The Convention then proceeded to consider the unfinished business of yesterday, viz : " Article — , Taxation and Revenue." Mr. Dohoney ofi'ered the following amendment : Amend section 1 by adding the words, " The Legislature shall have power to impose advalorem, occupation, income and poll taxes." Mr. Russell, of Harrison, moved to lay the amendment on the table. Lost by the following vote : Oct, 23, 1875.J CONSTITUTIONAL CONVENTION. 465 Teas — Barnett, Bruce, Crawford, Cline, Cardis, Dillard, De Morse, Floiirnoy, Fleming, Gaither, Holt, Johnson of Collin, Killongh, Martin of Navarro, Martin of Hunt, McCabe, Mills, Mitchell, McKinney of Denton, McCorraick, Murphy, Nugent, Pauli, Eejnolds, Russell of Harrison, Russell of Wood, Spikes, Smith, Wade, Wright, Weaver, Whitfield~32. Nays — Allison, Abernathy, Arnim, Blake, Ballinger, Burle- son, Chambers, Cook of Gonzales, Cooke of San Saba, Doug las, Dohoney, Darnell, Erhard, Ford, Ferris, German, Henry of Smith, Henry of Limestone, Haynes, Johnson of Franklin, King, Kilgore, Lockett, Lacy, Lynch, McLean, McKinney of Walker, Morris, Moore, Norvell, Nunn, Reagan, Rentfro, Rob- ertson of Bell, Robeson of Fayette, Scott, Sessions, Stockdale, Stayton, Sansom, West, Waelder — 42. Mr. Sansom offered the following as a substitute for the article and amendment : " Section 1. Taxation shall be equal and uniform throughout the State. All property shall be rendered for taxation, and the taxes paid thereon in the county where it is situated, and shall be taxed in proportion to its value, to be ascertained as directed by law, except such property (not to exceed two hundred and fifty dollars to each head of a family, and all property belonging to churches, institutions of learning, charitable institutions and cemeteries, and used only for such purposes) as may be exempted by the Legislature. " Sec. 2. It shall be the duty of the Legislature to provide by law for the speedy and certain collection of taxes upon all prop- erty, whether real or personal, subject to taxation, by condemna- tion and sale ; and that the title made by the State to lands sold for the payment of taxes shall not be attacked, except for fraud, after four years from the date of the sale ; provided^ the original owners may redeem said lands at any time within said four years, by the payment of the taxes and interest, and four times the amount paid by the purchaser at the tax sale." Mr. Dohoney withdrew his amendment, and offered the follow- ing in its stead : " The Legislature shall have power to impose ad valorem and poll taxes, and also occupation or income taxes, except on agri- cultural or mechanical pursuits." On motion of Mr. McCormick, a call of the Convention was ordered. Absent — Messrs. Burnett, Brady, Cook of Gonzales, Cooley, Cardis, Davis of Wharton, Ford, Flournoy, Ferris, McCabe, 30 466 JOURNAL OF THE {Oct. 23, 1875. Eeynolds, Rentfro, Sessions, Sansom, Whitehead, Wright, and West. On motion of Mr. Allison the call was suspended, and the Convention proceeded with the consideration of the pending question. Mr. Allison moved to adjonrn to '^\ o'clock p. m. Mr. Cline moved to adjom-n to 9 o'clock Monday morning, whereupon the yeas and nays were called, and the Convention refused to adjourn by the following vote : Yeas — Ballinger, Barnett, Burleson, Crawford, Cline, Cardis, DeMorse, Darnell, Davis of Wharton, Ford, Gait her, Henry of Limestone, King, Kilgore, Moore, Pauli, Rentfro, Robeson of Fayette, Russell of Harrison, Stockdale, Weaver, West — 22. Nays — Allison, Abernathy, Arnim, Abner, Brown, Blake, Blassingame, Bruce, Chambers, Dillard, Dohoney, Flournoy, Fleming, Ferris, German, Graves, Holt, Johnson of Franklin, Johnson of Collin, Killough, Lockett, Lacy, Lynch, McLean, Martin of IS^avarro, Martin of Hunt, McCabe, Morris, Mills, Mitchell. McKinney of Denton, McKinney of Walker, McCor- mick. Murphy, Norvell, Kugent, Reagan, Ramey, Reynolds, Robertson of Bell, Russell of Wood, Spikes, Scott, Sessions, Sansom, Wade, Whitehead, Wright, Whitfield, Waelder — 50. The question on Mr. Allison's motion to adjourn to 2^ p. m., was put and lost. Mr. Scott moved the previous question. On motion of \h\ West, the Convention adjourned to 2^ o'clock p. M. EVENING SESSION— 24 o'clock. Convention met pursuant to adjournment ; roll called ; quorum present. The question pending, when the Convention adjourned, was resumed. Mr. Scott moved to close debate upon the pending amend- ments, and bring the Convention to a vote. Carried. Question on Mr. Dohoney's amendment put, and amendment adopted by the following vote: Yeas — Allison, Abernathy, Arnim, Abner, Blake, Ballinger, Blassingame, Burleson, Cook of Gonzales, Cooke of San Saba, Douglas, Dillard, Dohoney, Darnell, Erhard, Flournoy, Ferris, Graves, Holt, Henry of Smith, Henry of Limestone, Haynes, Johnson of Franklin, Kilgore, Killough, Lockett, Lacy, Lynch, Oct. 23, 1875.] CONSTITUTIONAL CONVENTION. 467 McLean, Morris, McKinney of Walker, Moore, Murphy, Nor- vell, Reagan, Ramey, Scott, Sessions, Sansom, Whitfield, West, Waelcler^2. Nays — Barnett, Brady, Bruce, Crawford, Chambers, Cline, DeMorse, Davis of Wharton, Fleming:, German, Johnson of Collin, Martin of Navarro, Martin of Hunt, McCabe, Mitchell, McKinney of Denton, McCorniick, Nugent, Pauli, Reynolds, Rentfro, Robertson of Bell, Russell of Harrison, Russell of Wood, Spikes, Stayton, Wade, Whitehead, Wright, Weaver — 30, The question on Mr. Sansom 's substitute was then put, and substitute lost by the following vote : Yeas — Cooke of San Saba, Davis of Wharton, McLean, Mitchell, McKinney of Denton, Moore, Pauli, Rentfro, San- som, West — 10. Nats — Allison, Abernathy, Arnim, Abner, Blake^ Ballin- ger, Blassingame, Barnett, Burleson, Brady, Bruce, Crawford, Chambers, Cook of Gonzales, Cline, Douglas, Dillard, DeMorse, Dohoney, Darnell, Erhard, Flournoy, Fleming, Ferris, German, Graves, Holt, Henry of Smith, Henry of Limestone, Haynes, Johnson of Franklin, Johnson of Collin, Kilgore, Killough, Lockett, Lacy, Lynch, Martin of Navarro, Martin of Hunt, McCabe, Morris, McKinney of Walker, McCormick, Murphy, Nor veil, Nugent, Reagan, Ramey, Reynolds, Robertson of Bell, Russell of Harrison, Russell of Wood, Spikes, Scott, Wade, Whitehead, Wright, Weaver, Whitfield, Waelder— 60. Mr. Wade proposed to amend as follows : Section 1. After the w^ord " taxation," line 8, insert " not to exceed two hundred and fifty dollars worth of household and kitchen furniture." Mr. McKinney, of Walker, proposed to amend the amend- ment by adding " and property used for religious and charitable purposes exclusively." Lost. Mr. Martin, of Navarro, ]>roposed to amend section 1 by striking out all after the word '' law," in fifth line. Mr. Wade's amendment lost. Mr. Martin's (of Navarro) amendment adopted. Mr. Martin, of Navarro, offered the following section : " Section 1. All taxes shall be uniform and upon the same class of subjects within the limits of the authority levying the tax. But the Legislature may, by general laws, exempt from taxation pub- lic property used for public purposes, actual places of religious worship, places of burial not used or held for private or corporate profit, and institutions of purely public charity, and all laws 468 JOURNAL OF THE [Ocf. 23, 1875. exempting property from taxation other than the property above enumerated shall be void." Mr. Whitfield proposed to amend the amendment as follows : Provided^ there shall be exempt from taxation household and and kitchen furnitm-e to the value of two hundred and fifty dollars. Adopted by the following vote : Yeas — Allison, Abner, Ballinger, Blassingame, Barnett, Burle- son, Brady, Bruce, Chambers, Cook of Gonzales, Cline, Douglas, Dillard, DeMorse, Dohoney, Darnell, Davis of Wharton, Erhard, Fleming, Ferris, German, Graves, Henry of Smith, Henry of Limestone, Haynes, Johnson of Franklin, Johnson of Collin, Kilgore, Killough, Lockett, Lacy, Lynch, Martin of Navarro, Martin of Hunt, McCabe, Morris, Mitchell, McKinney of Denton, McKinney of Walker, McCormick, Moore, Murphy, Nugent, Ramey, Reynolds, Rentfro, Robertson of Bell, Russell of Wood, Spikes, Scott, Stockdale, Stayton, Wade, Whitehead, Wright, Weaver, Whitfield, West, Waelder— 59. Nays — Aberna-hy, Arnim, Blake, Crawford, Cooke of San Saba, Flournoy, Holt, McLean, Norvell, Pauli, Reagan, Rus- sell of Harrison, Sessions, Sansom — 14. Ml'. Reagan proposed to amend as follows: Add to the end of section 12 the words, " but tlie Legislature may provide that in counties of more than fifteen thousand inhab- itants (the number of inlial)itants to be ascertainea by the census of the Lnited States, or other lawful census) for the election of collectors of taxes." Mr. Abernathy offered the following as a substitute for section 12 : "Sec. 12. There shall be one tax collector elected in each county, who shall hold his ofiice for two years, whose duty it shall be to collect all taxes, both State and county." Mr. German offered the following as a substitute for sections 11 and 12 : " Sec. — . Ill each and every organized county in the State there shall be an assessor and collector of taxes elected by the people at the next ensuing general election, and every two years thereafter, who shall assess the property and collect the taxes so assessed in conformity to law." Mr. Scott proposed to amend Mr. Reagan's amendment bv striking out " 15,000 " and inserting " 10,000." Adopted. Mr. Whitfield proposed to strike out " shall " and insert " was," in Mr. Reagan's amendment. Oct. 23, 1875.J CONSTITUTIONAL CONVENTION. 459 Carried. Mr. Reagan's amendment as amended was adopted. Mr. Abernatliy's substitute for section 12 was lost by the fol- lowing vote : Yeas— Abernathy, Arnim, Dillard, DeMorse, Holt, Johnson of Franklin, Rentfro, Russell of Harrison, Russell of Wood, Spikes — 10. Nats — Allison, Abner, Blake, Ballinger, Blassingame, Barnett, Burleson, Brady, Bruce, Crawford, Chambers, Cook of Gon- zales, Cooke of San Saba, Cline, Douglas, Dohoney, Darnell, Davis of Wharton, Erhard, Fleming, Ferris, German, Graves, Henry of Smith, Henry of Limestone, Haynes, Johnson of Collin, Kilgore, Killough, Lockett, Lacy, Lynch, McLean, Mar- tin of Navarro, Martin of Hunt, McCabe, Morris, Mitchell, Mc- Kinney of Denton, McKinney of Walker, McCormick, Murphy, Norvell, Nugent, Pauli, Reagan, Ramey, Robertson of Bell, Scott, Stockdale, Stayton, Sansom, Wade, Whitehead, Weaver, Whitfield, West, Waelder— 58. The question on Mr. German's substitute was put and lost. On motion of Mr. Martin, of Navarro, Mr. Sessions was ex- cused for ten days, commencing M nday next. Mr. Robertson, of Bell, proposed to amend by striking out the words " appointed or," of section 11, lines 3 and 4. Adopted. Mr. McLean moved to reconsider the vote just taken. Lost. Mr. Scott proposed to amend section 9 by striking out " land," in line 1, and insert " all property subject to taxation." Adopted. Mr. Ferris offered the following section : " Sec. — . No money shall be drawn from the treasury but in pursuance of specific appropriation made by law ; nor shall any appropriation of money be made for a longer time than two years." Adopted. Mr. Norvell proposed to amend section 8 by striking out all the section after the word " office," in the seventh line. Mr. McCormick offered the following substitute for the amend- ment: In section 8, amend by inserting before and after the word " lands," in line five, the following : " all lands and other property not rendered for taxation by the owners thereof shall be assessed at its fair value by the proper officer." Adopted. 470 JOURNAL OF THE [Oa. 25, 1875. Mr. "West offered the following : " Sec. — . While taxes should be equal and uniform, they should also be just, and the Legislature shall by proper laws guard against the levy upon the same values of duplicate taxes ; and the payment of tax upon the same value shall be a satisfac- tion of all taxes due thereon." Lost. Mr. Martin of Hunt proposed to amend section 4, line third, by striking out the words '' be subject to taxation," and insert the words '' be taxed." On motion of Mr. Ferris the Convention adjourned to 9 o'clock A. M. Monday, pending the amendment offered by Mr. Martin, of Hunt. FORTY-THIKD DAY. Hall of Representatives, ) Austin, Texas, October 25, 1875. \ Convention met pursuant to adjournment ; roll called ; quorum present. Prayer by the Rev. Horatio Y. Philpott, of the M. E. Church, South, at Austin. Mr. Allison, chairman of the Committee on Senatorial and Representative Apportionment, made the following report : Committee Room, I Austin, October 23, 1875. f To the Hon. E. B. Pickett^ President of the Convention : Sir — The undersigned majority of the committee of thirty (being one from each Senatorial District) to divide the State into Senatorial and Representative Districts, are pleased to report that after long and patient investigation, having in view the best interests of the State, a due regard for special feelings and interests in some localities, and keeping in view the leading idea of local representation — a principle dear to an overwhelm- ing majority of the people of Texas — have agreed upon the accompanying ordinance, and recommend its passage by the Convention. Thos. Ct. Allison, Cliairman. John Henry Brown, B. H. Davis, L. S. Ross, John R. Henry, Ed. Burleson, Asa Holt, Joel W. Robison, Oct 25, 1875.] CONSTITUTIONAL CONVENTION. 471 W. W. Whitehead, John W. Stayton, B. D. Martin, R. Sansom, Geo. McCokmick, C. B. Kilgoke, Ed. Chambers, W. W. Dillard, George Flournoy, Jo. W. Barneit, John S. Ford, W. T. G. Weaver, E. S. C. Robertson, J. F. Johnson, Joe P. Douglas, Henry C King. AN ORDINANCE, To divide the State of Texas into Senatorial and Representative Districts. Section 1. Be it ordained hy the 'people of Texas in Conven- tion Oyssemhled^ That until after the first apportionment of Sena- tors and Representatives, as provided in this constitution, after the census of the United States shall have been taken in 1880, the State shall be divided into Senatorial and Representative Districts, as follows : SENATORIAL DISTRICTS. First District — The counties of Liberty, San Jacinto, Hardin, Tyler, Jefterson, Jasper, Orange, Newton and Polk shall elect one senator ; Tyler to be the returning county. Second District — The counties of Houston, Angelina, Nacog- doches, San Augustine and Sabine shall elect one senator ; Nacogdoches shall be the returning county. Third District — The counties of Rusk, Panola and Shelby shall elect one senator; Panola being the returning county. Fourth District — The county of Harrison shall elect one senator. Fifth District — The counties of Marion, Cass, Bowie and Morris shall elect one senator ; Cass to be the returning county. Sixth District — The counties of Red River, Titus, Franklin and Hopkins shall elect one senator ; Titus to be the returning county. Seventh District — The counties of Camp, Upshur, Gregg and Smith shall elect one senator ; Gregg to be the returning county. Eighth District — The counties of Cherokee, Anderson and Henderson shall elect one senator ; Anderson to be the returning county. Ninth District — The counties of Lamar, Fannin and Delta shall elect one senator ; Lamar to be the ^returning county. Tenth District — The counties of Wood, Yan Zandt, Kaufman, Rains, Rockwall and Hunt shall elect one senator ; Kaufman to be the returning county. 472 JOURNAL OF THE [Ocf. 25, 1875. Eleventh District — The counties of Grayson and Cook shall elect one senator ; Grayson to be the returning county. Twelfth District — The counties of Collin and Denton shall elect one senator ; Collin to be the returning county. Thirteenth District — The counties of Dallas and Ellis shall elect one senator ; Ellis to be the returning county. Fourteenth District — The counties of Navarro, Limestone and Freestone shall elect one senator ; Limestone to be the returning county. Fifteenth District — Leon, Kobertson and Brazos shall elect one senator ; Robertson to be the returning county. Sixteenth District — Grimes, Madison, Walker and Trinity counties shall elect one senator; Walker to be the returning county. Seventeenth District — Montgomery, Waller, Fort Bend and Wharton counties shall elect one senator ; Montgomery to be the returning county. Eighteenth District — The counties of Harris and Chambers shall elect one senator; Harris to be the returning county. Nineteenth District — The counties of Galveston, Brazoria and Matagorda shall elect one senator ; Galveston to be the return- ing county. Twentieth District — Austin, Washington and Burleson coun- ties shall elect one senator; Washington to be the returning county. Twenty-first District — The counties of Falls, Milam and Bell shall elect one senator ; Milam shall be the returning county. Twenty-second District- — The counties of Johnson, Hill and McLennan shall elect one senator ; McLennan to be the return- ing county. Twenty-third District — The counties of Tarrant, Parker, Wise, Montague, Clay, Jack and Young, with the unorganized counties west of them shall elect one senator ; Tarrant to be the returning county. Twenty-fourth District — The counties of Coryell, Bosque, Hamilton, Brown, Coleman, Comanche, Erath, Somerville, Hood, Palo Pinto, Eastland and Shackelford, with the unorganized counties of Runnels, Baylor, Callahan, Jones and Stephens shall elect one senator ; Comanche to be the returning county. Twenty-fifth District — The counties of Travis, Williamson, Burnet and Lampasas, shall elect one senator ; Williamson to be the returning county. Twenty-sixth District — The counties of Fayette, Bastrop and Lee shall elect one senator ; Fayette to be the returning county. Oct 25, 1875.] CONSTITUTIONAL CONVENTION. 473 Twenty-seventh District — The counties of Colorado, Lavaca and Gonzales shall elect one senator ; Lavaca to be the returning county. Twenty-eighth District — The counties of Calhoun, Victoria, DeWitt, Aransas, Refugio, Bee, Goliad, Karnes, Wilson, Jackson and Atascosa shall elect one senator; Victoria to be the returning county. Twenty-ninth District — The counties of Cameron, Hidalgo, Starr, Webb, Maverick, Kinney, Uvalde, Medina, Nueces, San Patricio, Live Oak and Frio, with the unorganized counties of Duval, Encinal, McMullen, La Salle, Dimmit and Zavala, shall elect one senator ; Nueces to be thereturning county. Thirtieth District — The counties of Bexar, Comal, Bandera, Kendall, Kerr, Gillespie, Mason, Menard, Tom Green, Pecos, Presidio and El Paso, with the unorganized counties of Concho and Crockett, shall elect one senator ; Bexar to be the returning county. Thirty-first District — The counties of Guadalupe, Caldwell, Hays, Blanco, Llano and San Saba, and the unorganized county of McCulloch, shall elect one senator; Hays to be the returning county. REPRESENTATIVE DISTRICTS. Sec. 2. Be it further ordained^ That until said apportion- ment, after the census of 1880, representatives shall be elected as follows : First District — The counties of Liberty, Hardin and Jefferson shall elect one representative ; Liberty to be the returning county. Second District — The counties of San Jacinto, Polk and Tyler shall elect one representative ; Tyler to be the returning county. Third District — The counties of Jasper, Newton and Orange shall elect one representative ; Jasper to be the returning county. Fourth District — The counties of San Augustine and Sabine shall elect one representative ; San Augustine to be the return- ing county. Fifth District — The county of Houston shall elect one repre- sentative. Sixth District — The counties of Nacogdoches and Angelina shall elect one representative ; Nacogdoches to be the returning county. Seventh District — The county of E-usk shall elect one repre- sentative. Eighth District — The counties of Panola and Shelby shall elect one representative ; Panola to be the returning county. 474 JOURNAL OF THE [Oa. 25, 1875. Ninth District — The counties of Rusk, Panola and Shelby shall elect one representative ; Panola to be the returning county. Tenth District — The county of Harrison shall elect one repre- sentative. Eleventh District — The counties of Marion, Cass, Bowie and Morris shall elect three representatives ; Cass to be the return- ing county. Twelfth District — The county of Red River shall elect one re- presentative. Thirteenth District — The counties of Titus and Franklin shall elect one representative ; Titus to be the returning county. Fourteenth District — The county of Hopkins shall elect one representative. Fifteenth District — The counties of Smith, Gregg, Upshur and Camp shall elect three representatives ; Gregg to be the returning county. Sixteenth District — The county of Lamar shall elect one re- presentative. Seventeenth District — The county of Fannin shall elect one re]3resentative. Eighteenth District — The counties of Lamar, Fannin and Delta shall elect one representative; Lamar to be the return- ing county. Nineteenth District — The counties of Hunt and Rockwall shall elect one representative ; Llunt to be the returning county. Twentieth District — The counties of Kaufman,' Rains, Wood and Van Zandt shall elect two representatives ; Kaufman to be the returning county. Twenty-first District — The county of Henderson shall elect one representative. Twenty-second District — The county of Anderson shall elect one representative. Twenty-third District — The county of Cherokee shall elect one re])resentative. Twenty-fourth District — The county of Leon shall elect one representative. Twenty-fifth District — The county of Robertson shall elect two representatives. Twenty-sixth District — The county of Brazos shall elect one representative. Twenty-seventh District — The county of Grimes shall elect one representative. Twenty-eighth District — The counties of Grimes and Madison shall elect one representative ; Grimes to be the returning county. Oct 25, 1875.] CONSTITUTIONAL CONVENTION. 475 Twenty-ninth District — The counties of Walker and Trinity shall elect one representative ; Walker to be the returning county. Thirtieth District — The county of Montgomery shall elect one representative. Thirty-first District — Harris county shall elect two repre- sentatives. Thirty-second District — The counties of Harris and Chambers shall elect one representative ; Harris to be the returning county. Thirty-third District — The county of Galveston shall elect two representatives. Thirty-fourth Distict — The counties of Brazoria, Galveston and Matagorda shall elect one representative; Galveston to be the returning county. Thirty-fifth District — The counties of Wharton, Fort Bend and Waller shall elect two representatives ; Waller to be the returning county. Thirty-sixth District — Austin county shall elect one repre- sentative. Thirty-seventh District — Washington county shall elect one representative. Thirty-eighth District — Washington and Burleson counties shall elect one representative ; Burleson to be the returning county. Thirty-ninth District — The counties of Falls, Milam and Bell shall elect three representatives ; Bell to be the returning county. Fortieth District — The county of Limestone shall elect one representative. Forty-first District — The county of Freestone shall elect one representative. Forty-second District — The county of Navarro shall elect one representative. Forty-third District — The county of Ellis shall elect one rep- resentative. Forty-fourth District — The county of Dallas shall elect two representatives. Forty-fifth District — The county of Collin shall elect one rep- resentative. Forty-sixth District — The county of Grayson shall elect two representatives. Forty-seventh District — The counties of Grayson and Collin shall elect one representative ; Grayson to be the returning county. 4V6 JOURNAL OF THE [Oa. 25, 1875. Fortj-eighth District — The count}^ of Cook shall elect one representative. Forty-ninth District — The county of Denton shall elect one representative. Fiftieth District — The counties of Clay, Montague and Wise, with the unorganized counties west of Clay, shall elect one rep- resentative ; Wise to be the returning county. Filty -first District — The county of Tarrant thall elect one rep- resentative. Fifty-second District — The counties of Parker, Jack and Young, with the unorganized counties west of them, shall elect one representative; Parker to be the returning county. Fifty-third District — The county of Johnson shall elect one representative. Fifty -fourth District — The county of Hill shall elect one rep- resentative. Fifty-fifth District — The county of McLennan shall elect one representative. Fifty-sixth District- The counties of Jackson, Calhoun, Vic- toria, DeWitt, Aransas, Pefugio, Bee and Goliad shall elect two representatives ; Victoria to be the returning county. Fifty-seventh District — The counties of Colorado and Lavaca shall elect two representatives ; Lavaca to be the returning county. Fifty-eighth District — The county of Gonzales shall elect one representative. Fifty-niHth District — The county of Fayette shall elect one representative. Sixtieth District — The county of Bastrop shall elect one rep- resentative. Sixty-first District — The counties of Fayette and Lee shall elect one representative ; Fayette to be the returning county. Sixty-second District — The counties of Caldwell, Gaudalupe and Hays shall elect two representatives ; Hays to be the return- ing county. Sixty-third District — Travis county shall elect one represen- tative. Sixty-fourth District — Travis and Blanco counties shall elect one representative ; Travis to be the returning county. Sixty -fifth District — Williamson and Lampasas counties shall elect one representative ; Williamson to be the returning county. Sixty-sixth District — The counties of Coryell, Hamilton, Brown and Coleman, and the unorganized county of JEtunnells, shall elect one representative ; Coryell to be the returning county. Oct. 25, 1875.] CONSTITUTIONAL CONVENTION. 4'7'7 Sixty-seventh District — The counties of Bosque, Somerville and Wood shall elect one representative ; Bosque to be the re- turning county. Sixty-eighth District — The counties of Erath, Comanche, Palo Pinto, Eastland and Shackleford, with the unorganized counties of Stephens, Jones, Callahan and Taylor, shall elect one repre sentative ; Comanche to be the returning county. Sixty-ninth District — The county of Bexar shall elect one rep- resentative. Seventieth District — The counties of Bexar and Comal shall elect one representative ; Bexar to be the returning county. Seventy-lirst District — The counties of Uvalde, Medina, Ban- dera, Kendall, Kerr, Gillespie and Menard, with the unorgan- ized counties of Edwards and Kimball, shall elect one represen- tative ; Gillespie to be the returning county. Seventy-second District — The counties of Llano, Mason, San Saba, McCuUoch and Concho shall elect one representative; San Saba to be the returning county. Seventy-third District — Tlie counties of El Paso, Presidio, Pecos, Tom Green and Crockett shall elect one representative ; El Paso to be the returning county. Seventy-fourth District — The counties of Cameron, Uidalgo, Starr, Zapata and Webb shall elect one representative ; Cameron to be the returning county. Seventy-fifth District — The counties of Nueces, Frio, Maverick and Kinney, with the unorganized counties of Duval, Encinal, McMullen, La Salle, Dimmit and Zavala, shall elect one repre- sentative ; Nueces to be the returning county. Seventy-sixth District — The counties of San Patricio, Live Oak, Karnes, Wilson and Atascosa, shall elect one representa- tave ; Karnes to be the returning county. Seventy-seventh District — The counties of Cherokee, Rusk, Panola, Shelby and Harrison shall elect one representative ; Rusk to be the returning county. " Sec. 3. Be it further ordained^ That for all purposes con- nected with the first election provided for by this Convention, this ordinance shall take effect and be in force from and after its passage, and should the constitution be ratified by the people, this ordinance shall be and remain in force until the first appor- tionment after the census of 1880; but should the constitution be rejected by the people, this ordinance shall thereafter be and remain of no force and efi*ect." Mr. Rentfro gave notice of a minority report. 478 JOURNAL OF THE \0a. 25, 1875. On motion of Mr. Norvell, two hundred copies of the report and ordinance were ordered printed for the use of the Conven- tion. Mr. Burleson oifered the following resolution : Resolved, That from and after the adoption of this constitution no paper wdiich pretends to convey title to land, and which was issued under the authority of Spain or Mexico, shall be received in evidence by any court in the State, unless the same has been heretofore filed in the General Land Ofiice, and the survey de- lineated on the map of the county in which the land is claimed to be. Referred to the Committee on Spanish Land Titles. Mr. Johnson, of Franklin, offered the following resolution : Resolved, That the Committee on General Provisions be in- structed to inquire into the expediency of inserting a clause in the constitution requiring the publication in a ne^yspaper for judicial sales and other legal notices. E-eferred to the Committee on General Provisions. Mr. Russell, of Wood, oifered the following resolution : Resolved, That the Comptroller of Public Accounts be re- quested to furnish this Convention with the amount of money loaned to each and every railroad, and out of what fund loaned, at what rate of interest, and as to whether the interest on said loans are promptly paid or not; if not, what roads are defaulters. Adopted. Mr. Kilgore offered the following resolution : Whereas, The Convention did on last Saturdaj^ vote to pay the State Gazette for copies furnished the Convention the first eight days of the session, therefore, in order not to be partial, but to do justice to all who furnished papers for the same length of time, be it Resolved, That the Committee on Printing and Contingent Expenses l)e authorized to allow ])ayment for all papers furnished by the DemoGvatic titatesiiian the first eight days of the session. Mr. Flournoy proposed to amend, as follows : That the Committee on Printing be instructed to inquire into the facts, and report the proper and just measure. Mr. Wade proposed to add the Houston Telegraph, and Even- ing Nevjs, and Galveston News, and such other papers as may have been furnished, and that each member pay out of his own money. On motion of Mr. Ramey, the subject was referred to the Com- mittee on Printing. Mr. Rentfro submitted the following minority report : Oct 25, 1875.J CONSTITUTIONAL CONVENTION. 479 Committee Koom, Austin, October 25, 1875. To the Hon. E. B. Pickett^ President of the Convention : The undersigned, members of your Committee on Senatorial and Representative Apportionment, would respectfully submit that they concur in the report made by a niajority of 3^our said committee. While recognizing and admitting the fact that it would be an impossibility so to apportion the State as to escape an expressed dissatisfaction on the part of a large minority of the citizens of each district so constituted ; while in the main indors- ing, or rather not protesting against, the action of the said ma- jority in the premises, yet we must be permitted most earnestly to protest against the indorsement by the Convention of said report in manj^ particulars. In- the " Article on l^egislative De- partment," which, by the vote of a large majority of the mem- bers of the Convention has been adopted, and whicli, in so far as the power in tliis Convention vested could so do, has been incor- porated in the proposed constitution, as a part of the organic law, we find as relating to the duties of your Committee on Sen- atorial and Legislative Apportionment, sections 25 and 26, and we submit that under these sections and by virtue of the instruc- tions therein given, your Committee on Senatorial and Legisla- tive Apportionment are to be guided and governed. These sections are in the following order, to-wit : "Sec. 25. The State shall be divided into senatorial districts of contiguous territory, according to the number of qualified electors, as nearly as may be, and each district shall be entitled to elect one senator, and no sin^jjle countv shall be entitled to more than one senator. " Sec. 26. The members of the House of Representatives shall be apportioned among the several counties according to the number of population of each, as near as may be, on a ratio ob- tained by dividing the population of the State, as ascertained by the most recent United States census, by the number of members of which the house is composed ; provided^ that whenever a single county has sufiicient population to be entitled to a repre- sentative, such county shall be formed into a separate represent- ative district, and when two or more counties are required to make up the ratio of representation, such counties shall be con- tiguous to each other, and when any one county has more than sufficient population to be entitled to one or more representatives, such representative or representatives shall be apportioned to such county, and for any surplus of population it may be joined 480 JOURNAL OF THE [Oa. 25, 1875. in a representative district with any other contiguous county or counties." Tlie undersigned insist that while it may be claimed with some degree of plausibility that sections 25 and 26 are inoperative in solar as regards the present temporary apportionment, as pro- vided for in ordinance accompanying majority report, and fur- ther, that said ordinance is proposed under and by virtue of sec- tion 28 of said article on " Legislative Department," yet they believe that said apportionment, though so termed, is not tem- porary in its character, and that, to extent of the contiguity and compactness of territory, as required by section 28, and amount of population, as provided for in section 26, the said sections 25 and 26 should and do contain the guide to a proper and equit- able apportionment. We insist that the Convention derives whatever power it may possess in regard to apportioning the State into senatorial and representative districts from the very fact that its action in framing a constitution has rendered such apportionment necessary. Hence we argue that if such power exists at all, it only exists in accordance with and by virtue of sections 25 and 26, as hereinbefore set forth, and that if said ap- portionment be proper and just, it can only so be because of the necessity of apportionment, created by said article on '' Legisla- tive Departnjent," and by sections 25 and 26 thereof. And fur- ther, we believe that any variance from the terms of such sec- tions would not only be improper and void, but would very properly raise a suspicion as to the motives by which we might be actuated in the premises. We hold that the Convention having laid down a rule b}^ which said Committee on Appor- tionment are to be guided, that said committee can not depart from such rule, and in the event they do so, their action in such particular can not be approved by the Convention, unless such rule of action be first reconsidered or set aside. We deem it needless to urge the self-evident proposition that the Convention was not called for the purpose alone of re-dis- tricting the State; that it has been convened for the purpose of setting forth a declaration of rights and establishing a frame of government, and that such power to re-district, if it at all exists, is an incidental power, the exercise of which, if necessary at all, is so rendered necessary ])y the action of this Convention in altering and changing in toto the heretofore existing method of representation ; therefore, if such proposition to re-district is entertained, and such re-districting is done by the Convention, it must be done in accordance with sections of the proposed con- stitution which have rendered a re-districting necessarj^ Hence Oct. 25, 1875.J CONSTITUTIONAL CONVENTION. 481 we conclude that any portion of the said majority report, which is not in accordance with sections 25 and 2G, hereinbefore re- ferred to, is not correct and proper, and can not be adopted by by the Convention. Said section 25 provides that each senatorial district shall be composed of contiguous territory ; and further, that each district must contain an equal amount of population, as near as may be. Under this we maintain that if any proposed district shall be found at variance with the foregoing provisions, the same can not be approved, as to that extent said majority report will be incorrect. We call especial attention to the following portions of said majority report, waiving for the present the discussion of the question as to the power which the Convention may have, to give effect to said apportionment in its present form, before the same has been voted upon and adopted by the electors of this State. It will be perceived that a great and remarkable difference exists as to the amount of population in the respective districts, and this difference is the more remarkable for the reason that many districts contiguous to each other differ to a great and unnecessary degree in said matter of population. The under- signed believe that, in many instances, a more equitable appor- tionment might be made, and respectfully submit the following, as a few of the most remarkable, and, in the opinion of the undersigned, uncalled-for deviations from the rule to which refer- ence has heretofore been made. For example, we find by referring to said majority report, that the county of Harrison is constituted a senatorial district, with right to elect one senator. Premising that the basis of representation for senator, as agreed upon by your Committee on Senatorial and Representative Ap- portionment is and stands at 7500 electors, that is to say, that any county or counties having that number of registered electors shall be entitled to elect one senator, we necessarily come to the conclusion that the creation of Harrison county into a separate senatorial district, must be upon the part of the ma- jority of said committee an unintentional mistake, as it must be known to each of the members signing such majority report that the registered vote of Harrison county does not exceed 5000, and that according to certificate of Registrar of said county, which said certificate is now on file in ofiice of Secretary of State, the said vote is actually 4980. Hence, we conclude that the crea- 31 482 JOURNAL OF THE [Oa. 25, 1875. tion of such district is either a mistake upon the part of such ma- jority, or if intentional, is an unequitable proceeding ; in either event, the Convention, in our opinion, should correct. In con- trast to the above, we would present for consideration the district composed of the counties of Brazos, Robertson and Leon. We find from data furnished by the Secretary of State that the registered electors of said counties number as follows : Brazos, 2500 ; Rob- ertson, 5392 ; Leon, 2123 — aggregating 10,015 votes. The great difference existing between said districts will at once appear to the Convention. In order more fully to show the injustice of the apportionment proposed by the majority, we would again call attention to the vote of Harrison county, in connection with the vote of the county of Harris. We find that the list of electors for Harris county contains 7201 votes, being greater than the vote of Har- rison county by 2221 voters. Yet to complete said district, the county of Chambers, with an estimated vote of aixuit 600, is added. Whether the political complexion of the counties of Har- ris and Chambers, as associated together has aught to do in caus- ing such union, we leave it to the Convention to decide. We refer to these variances from the rule as a few of the most glar- ing instances of unequitable apportionment, and earnestly request that a careful examination be made of that portion of proposed ordinance which regards senatorial apportionment, and confi- dently assert that it will be found to abound with many such instances. Again, referring to that portion of said ordinance which pro- poses to divide the various counties of the State into legislative districts,wefind still less to approve, and much more to condemn. The undersigned believe it to be the wish of the people of this State to return to tliat system of local representation which has heretofore obtained, and as a sufiicient proof that the Convention so interprets the wishes of the people upon this subject, we have but to rei'er to section 2G of article on Legislative Department, in which said section we believe said doctrine of local represen- tation to be incorporated. Believing then that this fact can not successfully be disi>uted, we find that to a great degree the idea of local representation has been carried out in the legislative ap- portionment referred to, yet we can not but add that in many cases this doctrine has been departed from, and to so great a de- gree that the conclusion forces itself upon the minds of the minority of your committee that such departure is an intentional one, and therefore the more inexcusable. The basis of represen- tation in the proposed House of Bepresentatives has been fixed Oct 25, 1875.] CONSTITUTIONAL CONVENTION. 483 by your committee at 2500 electors to each representative. Since the number of representatives has been increased by vote of the Convention from ninety to ninety-tliree members, it is be- lieved that the basis will not exceed 2400. By referring to the hereinbefore incorporated section 26, we find it therein enun- ciated that whenever any one county shall have a sufficiency of electors to entitle it to one representative (which we conclude to mean 2400 electors) it shall be formed into a separate represen- tative district. We believe that the Convention is to be guided by this provision in forming such districts. In general the majority report does conform to this rule, yet we find that Marion county, with a list of electors amounting in the aggregate to 3077 voters, is formed into a representative dis- trict with the counties of Cass, Bowie and Camp, with an aggre- gate vote of 7275. We ask if the rule of local representation is here adhered to, and whether Marion county, with a vote of 3077, is not entitled to be formed into a separate representative district? Yet even if this apportionment obtains, we maintain that it is unjust, for the reason that it gives to the counties just named, with an aggregate vote of 7275, the right to elect ilwee representatives, while to Harris county, with a vote of 7204, it only accords the right to elect two representatives. The injus- tice of this is manifest. Still further examining said majority report, we find that the county of Colorado^ with a vote of 2923, is attached, for purposes of representation, to Lavacacoanty, which has a registered vote of 2002. We maintain this also to be un- just, as well as a direct violation of the doctrine of local repre- sentation, and that it deprives the people of Colorado county of that right which is extended to many other counties of this State : the right of local representation, for the reason that the registered vote of said Colorado county is largely in excess of the number required for local representation, to wit : 500 in excess. We sub- mit that the apportionment would be more just and correct if Colorado county should be permitted to elect its own representa- tive, and then for its surplus vote elect a second, in common with Lavaca county. We find yet another instance of injustice: To Leon county, with a vote of 2123, is extended the right of electing one represent- ative, while Walker county, with a vote of 2126, is added for purposes of representation to Trinity county, which has a vote of 762. To Robertson county, which has a registered vote of 5,392, is accorded two representatives, while to Harris county, with a vote of 7,204, is accorded but two likewise. These instances are so 484 JOURNAL OF THE [Oa. 25, 1875. frequent and so remarkable, that we would conceive ourselves derelict in our duty should we fail to direct to them the attention of the Convention. Necessarily it can not be that these differ- ences are made for the purpose of increasing Democratic repre- sentation ; yet, the undersigned would respectfully invite atten- tion to the fact that in every case as noted in which the appor- tionment is incorrectly made, the counties named have decided Kepublican majorities; whether or no the action of the majority is influenced by this fact, we leave it to the Convention to de- cide. As to the question of the power of the Convention to give force and effect from and after passage to the. proposed "ordinance," we deem it a subject worthy of a careful examina- tion by each member of the Convention. We do not doubt that if said apportionment therein proposed shouh! be incorported in the constitution as a part thereof, if accepted by tlie people it would be of full force and effect, but we greatly doubt the power of the Convention to legalize the proposed ordinance from and after passage. If the proposed apportionment be presented in the form of an ordinance, in order to prevent sections 25 and 26 from ruling in the premises, we contend that not only would such action be unworthy of this Convention, but that it would meet the unqualified condemnation of the conservative people of this State, who always frown upon any unjust attempt to maintain party supremacy and who have repeatedly pronounced against the verj^ system which the majority report seeks to per- petuate. But we maintain that even in the shaioe of an " ordinance " the apportionment must conform to the terms in such sections set out. If district representation be sought, then let the system be universal. If local representation is desired, it should be gen- eral. In view of the premises, we earnestly ask that the ap- portionment pro])osed, which in the one place provides for local, and in the other for district representation, and the provisions of which force the conclusion that it is intended for party purposes, be not indorsed by the Convention. We admit that there has been established in times past a bad precedent, forced by circum- stances, yet as delegates of the people, we earnestly hope that the time has arrived when the assembled representatives of the people of .Texas, will not permit the engrafting upon our organic law of a provision so ruinous, so subversive of party morals, and which has so universally been condemned by the electors of Texas. Believing that the majority report will not be sanctioned by Oct 25, 1875.J CONSTITUTIONAL CONVENTION. 485 the Convention, we confidently submit our protest and report in the premises. R. B. Rentfro, E. W. Brady, Wm. Reynolds, t. j. lockett. Mr. Brady moved to have two hundred copies of the report printed. Mr. Fleming moved to lay the motion on the table. Withdrawn, and Mr. Brady's motion adopted. [Mr. Brown in the chair.] The hour having arrived for the special order, on motion of Mr. Scott the same was postponed until "Taxation and Revenue " shall be disposed of. Unfinished business, viz : "Article — , Revenue and Taxation," with pending amendment by Mr. Martin, of Hunt, taken up. Mr. Martin, of Hunt, withdrew his amendment, and moved to strike out section 4. Carried. Mr. Flournoy proposed to amend by adding to section 3 the words, " but they and their property shall be taxed as other in- dividuals." Adopted. Mr. Fleming proposed to amend section 5 by striking out " one-half of one per cent.," and insert " fifty cents." Adopted. Mr. Dohoney moved to amend by striking out section 7. Mr. Robertson, of Bell, proposed to amend section 7 by adding in last line, after the word " purposes," the following : " by a majority vote of the freeholders of such county, city, town or other municipal government." Withdrawn, and Mr. Dohoney's amendment adopted. Mr. Stayton offered the following as a substitute for section 6 : " Sec. 6. The Legislature shall have no power to release the inhabitants or property of any county, city or town from the payment of taxes levied for State purposes." Adopted. Mr. McLean ofiered the following as section 7 : " Sec. 7. The County Courts of the several counties, and the municipal authorities of the towns and cities of the- State, are prohibited from creating any debt against such counties, cities or towns ; lyrovided^ that towns and cities situated on the coast may incur debt in the erection of works for the safety and pro- 486 JOURNAL OF THE [Oa. 25, 1875. tection of life and property against storms, by the vote of those who pay taxes on property in such towns and cities." Withdrawn. Mr. Ferris offered the following : " Sec. 4. The Legislature shall not have power to borrow, or in any manner to divert from its purpose any special fund that may or ought to come into the treasury, and shall make it penal for any person or persons to borrow, withhold, or in any manner to divert from its purpose any special fund, or any part thereof." Adopted. Mr. Nunn proposed to strike out section 8. Mr. Gaither offered the following amendment to section 8 : "All landed property shall be assessed in the county where it lies, and the tax may be paid by the non-resident in that county, or to the Comptroller of the State." Mr. Fleming moved to lay both amendments on the table. The question to lay on the table Mr. Nunn's motion to strike out section 8, was put and carried by the following vote: Yeas — Allison, Abernathy, Arnim, Abner, Brown, Blassin- game, Barnett, Brady, Bruce, Chambers, Cook of Gonzales, Cooke of San Saba, Cardis, Dillard, Dohoney, Darnell, Erhard, Fleming, Ferris, German, Graves, Holt, Haynes, Johnson of Franklin, Johnson of Collin, Lacy, Lynch, McLean, Martin of Hunt, Mills, Mitchell, McKinney of Denton, McKinney of Walker, McCormick, Murphy, Nugent, Pauli, Reynolds, Rent- fro, Russell of Wood, Spikes, Scott, Wade,Weaver, Waelder — 46. Nays — Blake, Ballinger, Burleson, Crawford, Cooley, De- Morse, Gaither, Henry of Smith, Kilgore, Killough, Lockett, Martin of Navarro, Morris, Moore, Norvell, Nunn, Reagan, Rob- ertson of Bell, Robison of Faj^ette, Smith, Stockdale, Stayton, Whitehead, Wright, West--25. Upon calling the roll, Mr. Henry, of Limestone, stated that he was paired oft' with Mr. Ross, but for which fact he would vote "no." Mr. Fleming withdrew that part of his motion that proposed to lay Mr. Gaither's amendment on the table. On motion of Mr. Whitfield, the Convention adjourned to 2:30 o'clock p. M. EVENING SESSION— 2i o'clock. Convention met ; roll called ; quorum present. Mr. Brown, by leave, introduced the following ordinance : Oct. 25, 1875.] CONSTITUTIONAL CONVENTION. 487 " AN OEDINANCE " To provide for suhnitting the Constitution to a Vote of the Peo- ple and for a General Election under its jjrovisions. " Section 1. Be it ordained hy the people of Texas in Gonven- tion assembled^ That by way of schedule to the constitution, and that no inconvenience shall arise in superseding the constitution of 1870 with the constitution adopted by this Convention, it is hereby ordained that an election shall be held throughout the State, on the . . . , day of . . . . , 1876, at which the voice of the electors of tlie State shall be taken on the ratification or rejection of the new constitution and the several ordinances adopted by this Convention. Those voting in tavor of ratifying the same shall write or print on their respective tickets the word "ratifi- cation,'^ or other word of similar import. Those opposed to their ratification shall write or print on their respective tickets the word "rejection," or other word of similar import, so as to ex- press the wish of the elector. If a majority of all the votes cast at said election, as returned to the Secretary of State, shall be in favor of ratification, the Governor shall, within five days next succeeding the return day, issue his proclamation declaring the fact, and thereafter the said constitution and ordinances shall be- come and remain the fundamental, organic law of the State. Ordinances, however, of a temporary character shall not be re- printed or considered as permanent parts of the constitution after the accomplishment of their objects. But should a majority of all the votes so cast and returned be against ratification, the Gov- ernor shall, in like time and manner, proclaim the fact, after which neither said constitution, nor any ordinance passed by this Convention, shall have either force or effect in this State. " Sec. 2. Be it further ordained^ That at tlie same time and places there shall be a general election throughout the State for such precinct, county, district and State ofiicers as are made elective by the new constitution. The election, as far as practi- cable, shall be conducted as now provided by law ; but no regis- tration of voters shall be required, and every elector shall vote in the precinct of his residence ; provided^ that electors residing in unorganized counties may vote in any precinct of the county to which their respective counties may be attached for judicial purposes. The qualifications of electors shall be as defined in the article regulating suflfrage in the new constitution. " Sec. 3, Be it further ordained^ That the County Courts now existing shall assemble at their respective county seats within twenty days after the adjournment of this Convention, or as soon thereafter as practicable, and when assembled re-divide 488 JOURNAL OF THE [Oa. 25, 1875. their respective counties into the number of precincts provided lor by the new constitution, and make immediate proclamation thereof for the information of the people. Said courts shall establish at least one voting place in each of such precincts, and whenever deemed necessary for public convenience, they shall establish two or more such voting places in any one precinct. " Sec. 4. £e itfitrther ordained^ That the returns of said elec- tion shall be made as now provided by law, to the presiding jus- tice of each county, or to the returning officer of each senatorial, representative or judicial district, as the case may be, and in all cases provided by law, to the Secretary of State. In all cases the retm-ns shall be made, opened, counted, and the result re- corded and declared as provided by law. '' Sec. 5. Be it further ordained^ That in case the constitu- tion shall be ratified at said election, the Lieutenant Governor, Senators and Kepresentatives then chosen shall assemble as the Fifteenth Legislature, at the seat of government, on Tuesday, the day of ,1876. " Sec. 6. Be it further ordained^ That after the first election as herein provided, until otherwise provided by law, the regular biennial elections of this State for precinct, county, district and State officers, including members of Congress, after the year 1876, and President and Vice President of the United States in the year of their election, shall take place on the Tuesday of November every second year, commencing with November, 1878. All officers elected at the election herein provided for shall hold over as though they had been elected in November, 1876, until their successors shall have been elected and qualified, whether the tenure of their offices be for two, four, six or eight years. " Sec. 7. Be it ftcrther ordcvined^ That all county, precinct and district officers elected in accordance with the provisions of this ordinance, shall be installed into office on the day of 1876 ; provided^ that persons so elected who may be pre- vented from qualifying by reason of illness or absence shall have ten additional days in which to do so. The Governor, and all other State officers, so elected, shall be installed on the first Tuesday after the assemblage of the first Legislature elected as herein provided. As each newly elected officer may be quali- fied, his predecessor, if any, shall cease his functions, and deliver to his successor all books, papers, archives and records, and all property, of whatsoever nature or kind, pertaining to his office, or under his official charge. " Sec. 8. Be it further ordained, That for all purposes herein Oct. 25, 1875.] CONSTITUTIONAL CONVENTION. 489 mentioned, the same being incidental to the formation and rati- fication of the new constitution, this ordinance shall take effect and be in force from and after its passage." Referred to the Committee on Ordinances. Mr. Gaither, by leave, withdrew his amendment and offered the following : "All property shall be assessed in the county where situated, but the taxes due by parties not residing in the county may be paid in the county where assessed, or at the office of the Comp- troller of Public Accounts." Mr. Fleming moved the main question on Mr. Gaither's amendment. Lost. Mr. Fleming moved to table the amendment. Lost by the following vote : Yeas — Abernathy, Arnim, Abner, Brown, Blassingame, Barnett, Bruce, Chambers, Cook of Gonzales, Cooke of San Saba, Cardis, Dillard, Darnell, Davis of Wharton, Fleming, Ferris, German, Graves, Holt, Haynes, Johnson of Franklin, Johnson of Collin, Lacy, McLean, Martin of Hunt, Mills, Mitchell, McKinney of Denton, McCormick, Nugent, Pauli, Reynolds, Russell oi* Wood, Spikes, Scott, Wade, Weaver — 37. Nays — Allison, Blake, Ballinger, Burleson, Brady, Crawford, Cline, Cooley, DeMorse, Dohoney, Ford, Flournoy, Gaither, Henry of Smith, King, Kilgore, Killough, Lockett, Lynch, Martin of Navarro, Morris, Moore, Murphy, Norvell, Nunn, Reagan, Ramey, Rentfro, Robertson of Bell, Robison of Fayette, Russell of Harrison, Smith, Stockdale, Stay ton, Whitehead, Wright, Whitfield, West, Waelder— 39. Upon calling the roll, Mr. Henry, of Limestone, stated that he was paired oif with Mr. Ross, but for which he would vote "no." The question being the adoption of the resolution, on motion of Mr. Mills, a call of the Convention was ordered. Absentees : Messrs. Erhard, McCabe, Sansom and McKinney of Walker. Mr. Whitfield moved to suspend the call. Lost. Messrs. McKinney of Walker, and McCabe appeared and answered to their names. The pending amendment was laid upon the table temporarily, and Mr. Flournoy offered the following amendment to section i : " Sec. 1. The Legislature may also, in its discretion, provide for levying a tax on the gross earnings and franchises, or either, of all corporations, or of any class of corporations." 490 JOURNAL OF THE \0a. 25, 1875. Mr. Cline made the point of order that the amendment was not in order, the same subject matter having been definitely acted on by the Convention in striking out section 4 of the article. The question on the adoption of the amendment was then put, and the amendment adopted by the following vote : Yeas — Allison, Abernathy, Arnim, Brown, Blassingame, Bar- nett, Burleson, Brady, Bruce, Crawford, Chambers, Cook of Gonzales, Cooke of San Saba, Cardis, Dillard, Dohoney, Dar- nell, Flournoy, Fleming, German, Graves,Henry of Smith, Henry of Limestone, Haynes, Johnson of Franklin, Johnson of Collin, Lacy, Lynch, McLean, Mai-tin of Navarro, Martin of Hunt, Mills, McKinney of Denton, McKinney of Walker, McCormick, Moore, Nugent, Ilamev, Robertson of Bell, Bobison of Fayette, Bussell of Wood, Scott, Wade, A\^right, Weaver, Whitfield— 46. Nays — Abner, Blake, Ballinger, Cline, Cooley, DeMorse, Davis of Wharton, Ford, Ferris, Gaither, Holt, King, Kilgore, Killough, Lockett, McCabe, Morris, Mitchell, Murphy, Norvell, Nunn, Fauli, Beagan, Reynolds, Rentfro, Russell of Llarrison, Spikes, Smith, Stockdale, Stayton, Whitehead, West, Waelder —33. Mr. Russell, of Wood, ofiered the following amendment : "All property of railroad companies shall be assessed and the taxes collected in the several counties in which said property is situated, including so much of the road-bed and fixtures as shall be in each county. The rolling stock may be reported in gross in the county where the principal ofiice of the company is located, and the tax paid upon it shall be apportioned by the Comptroller {j)ro 'rata) among the several counties through which the road passes, as a part of their tax assets.*" Adopted by the following vote : Yeas — Allison, Arnim, Abner, Brown, Blassingame, Barnett, Burleson, Brady, Bruce, Crawford, Chambers, Cook of Gonzales, Cooke of San Saba, Cardis, Dillard, DeMorse, Darnell, Davis of Wharton, Ford, Flournoy, Fleming, Ferris, German, Gaither, Graves, Henry of Smith, Henry of Limestone, Haynes, Johnson of Franklin, Johnson of Collin, Killough, Lockett, Lacy, Lynch, McLean, Martin of Navarro, McCabe, Mills, Mitchell, McKin- ney of Denton, McKinney of Walker, McCormick, Moore, Murphy, Nunn, Kugent, Pauli, Ramey, Reynolds, Robertson oi Bell, Robison of F^'ayette, Russell of Wood, Spikes, Scott, Weaver, Whitfield — 56. Nays — Abernathy, Blake, Ballinger, Cline, Cooley, Dohoney, Holt, King, Kilgore, Martin of Hunt, Morris, Norvell, Reagan, Oct. 26, 1875.J CONSTITUTIONAL CONVENTION. 491 Rentfro, Russell of Harrison, Smith, Stockdale, Stayton, San- som, Wade, Whitehead, Wright, West, Waelder — 24. Mr. Russell, of Wood, moved to suspend the call. Lost. Mr. Waelder oifered the following as a substitute for sec- tion 9 : "Sec. 9. All property subject to taxation in, and owned by resi- dents of unorganized counties, shall be assessed, and the taxes there- on paid in the counties to which such unorganized counties shall be attached for judicial purposes, and lands owned by non-residents of unorganized counties' and lands lying in territory not laid off into counties, shall be assessed, and the taxes collected thereon at the office of the Comptroller of the State." Mr. Waelder moved to reconsider the vote taken on Saturday, refusing to consolidate the offices of assessor and collector. On motion of Mr. Kilgore, the Convention adjourned to 9 o'clock A. M. to-morrow. FORTY-FOURTH DAY. Hall of Representatives, Austin, Texas, October 26, 1875. Convention met pursuant to adjournment ; roll called ; quo- rum present. Prayer by the Rev. H. Y. Philpott, of the M. E. Church, Soutli, at Austin. Journal of yesterday read and adopted. Mr. Johnson, of Collin, offi^red the following resolution : Whereas, The labors of the several committees have about closed, and reports made ; therefore, be it Besolved^ That the Convention will hold night sessions until its labors are completed. Mr. Russell, of Wood, moved to postpone the consideration of the resolution until to-day week, and that it be made special order for 10 o'clock that day. Mr. Rentfro raised the point of order, viz : that the resolution being amendatory of the rule, should lay over one day for con- sideration, and that it would take a two-thirds vote to adopt it. Chair ruled against the point. Mr. Russell's (of Wood) motion to postpone was adopted. 492 JOURNAL OF THE [Ocf. 26, 1875. Mr. McLean offered the followino- resolution : CD Resolved^ That the County Courts of the several counties and the municipal authorities of the towns and cities of the State, are prohibited from creating any debt against such counties, towns, and cities ; provided^ that towns and cities situated on the coast may incur debt in the erection of works for the safety and protection of life and property against storms, by the vote of those who pay taxes on property in such towns and cities. Referred to Committee on Municipal Corporations. On motion of Mr. Flournoy, Mr. McLean and Mr. Mills were added to the Committee on Municipal Corporations. Mr. Martin, of Navarro, offered the following resolution : Resolved^ That the making of profit out of tlie public moneys, or using the same for any purpose not authorized by law, by any officer of the State, or member or officer of the Legislatui'e, shall be a misdemeanor, and shall be punished as may be provided by law, but part of such punishment shall be disqualification to hold office for a period of not less than five years. Eeferred to Committee on Crimes and Punishments. UNFINISHED BUSINESS. "Article — ^, Revenue and Taxation," with pending amend- ment offered by Mr. Gaither, taken up and amendment lost by the following vote : Yeas — Allison, Abernathy, Blake, Ballinger, Cline, DeMorse, Dohoney, Davis of Brazos, Flournoy, Gaither, Henry of Smith, Henry of Limestone, King, Kilgore, Killough, Lockett, Lynch, Martin of Navarro, Morris, Moore, Murphy, Nor veil, Nunn, Reagan, Ramey, Reynolds, Rentfro, Robertson of Bell, Robi- eon of Fayette, Russell of Harrison, Smith, Stockdale, Stayton, Wliitehead, Wright, Whitfield, West, Waelder— 38. Nays — Arnim, Abner, Brown, Blassingame, Barnett, Burle- son, Bruce, Crawford, Chambers, Cook of Gonzales, Cardis, Dil ney of Walker, McCormick, Nugent, Pauii, Ross, Russell ot Wood, Spikes, Scott, Sansom, Wade, Weaver — 39. Mr. Mills moved to reconsider the vote just taken, and to lay the motion on the table. On motion of Mr. Stockdale, a call of the Convention was ordered. Absent — Messrs. Brady, Cooley, Erliard and Wade. Mr. Moore moved to excuse Mr. Erhard. Lost. Oct. 26, 1875.] CONSTITUTIONAL CONVENTION. 493 Pending question passed to the table pending the call, and the following communication was taken from the President's desk and read : Austin, October 25, 1875. To the Hoii. E. B. Pichett, President of the Convention : Sir — In obedience to a resolution adopted by the honorable body of which you are president, I have the honor herewith to submit as accurate a statement as it is possible to be made from the records of this office. The number of certificates issued is accurately given, but the length of each road can only be ascer- tained by reference to the various inspection reports, only a part of which have been filed in this office, the balance in the offices of Secretary of State and Comptroller. Very respectfully, your obedient servant, J. J. Groos, Commissioner. 494 JOURNAL OF THE [Oa. 26, 1875. 10 ^ ^^'^ o S ^ -to SJ H S 5^ g g § O ^ ?S ?^§ 8 -^^^ 125 -Si '^^ I— I !§ ^ ^ ^ ^ ^ § ^ <© 53 :s "^ <^ ^ :^s ^ % 10 ^ Q Eh o o Q O o f CO 0^ 1-1 O o l-H « o w 1^ do •T^ ■'-^ CO -^-' -i_j -M -M O -^-i 4J 15 ce O ?i c« '3 *o _• c3 c; ^ I— I r—l CO _!:? tc cc ;:^ . C c5 c« ;^ ^ ^ ^,0 l-H d o CO CO ^^ CO cC ^•;:-^HH-^^ O O S i-' o o 00 o o 00 CO c g g^ ■^ ^ ^ f^ CO (X) ^i:; « .S CO 22 o I— ( Ci I 2 :3 oi P^ o H^^ 10 ^ C?q GO O C?q ! rS co" cT ■:>^ 10" Ct CO O T—i -+( CO c^ t- io oi O' O' o o o O' OT QO -+( -H co" 1^ T-T CO*" co" CM CO CM ^-O O CM cq c^ti o'^ t- o o CO o :0 CO O O' o o O 00 o -+( CX)^CM^CM^CO^ 1— CO CO f-- O CO (?q CO^i^l^-t- cTcTcm" 1^ -+I o CO o 00 co" T— (COtMOCOOOOQqcD<:COT-tO'CMiO'-l'Ttlt--CO Ot-OOCOCM'+Ot-iOiOT-HOTOiOOOO^t-t:- •^^CO "^^00 CO Ci^'^ O 10 t- Ci CD O t:- 00^ Cq tH 'tH CM^ go" CM P^ ^ P O p^ d H ^^ o CO p4 Ph ^ P^'^T g^.p^ p^ p4 p^ p^ p^ p^ :Ph : r-t CO ►r CO c3 O g^ .- /if* I— I _^ CO _!!l I— I o H CD CO .2 o CD T3 Oct. 26, 1875.J CONSTITUTIONAL CONVENTION. 495 Mr. Waelder's substitute for section 9, offered yesterday, was taken up and adopted. Mr. Dolioney offered the following as a substitute for the sec tion 9, as substituted by Mr. Waelder : " tSec. 9. All property subject to taxation in unorganized counties shall be assessed and the taxes paid in such manner and under such regulations as the Legislature may prescribe." Lost. Mr. Fleming offered the following additional section : " Sec. — . The annual assessment made upon landed property shall be a special lien thereon." Adopted. Mr. Murphy offered the following section : " Sec. — . All lands, whether owned by persons or corpora- tions, upon which no tax has been paid, in whole or in part, since the formation of this State, shall be relieved from the same upon the payment to the proper county officer of such back taxes as the Legislature may designate." The hour having arriveQ for the special order, viz : " Article — , Judiciary, ' on motion of Mr. Wright it was postponed to ^\ o'clock to-morri>w. Mr. Mills asked leave to withdrew his motion to reconsider and lay on the table. E-efused. Messrs. Brady, Cooley, Erhard and Wade having appeared and answered to their names, the call was exhausted, and the ques- tion on the motion of Mr. Mills to reconsider and lay on the table was put and carried by the following vote : Yeas — Arnim, Abner, Brown, Blassingame, Barnett, Burleson, Brady, Bruce, Crawford, Chambers, Cook of Gonzales, Cooke of San Saba, Cardis, Dillard, Darnell, Davis of Wharton, Ford Fleming, Ferris, German, Graves, Holt, Haynes, Johnson of Franklin, Johnson of Collin, Lacy, McLean, Martin of LIunt, McCabe, Mills, Mitchell, McKiniiey of Denton, McKinney of Walker, McCormick, Nugent, Pauli, Reynolds, Russell of Wood, Spikes, Scott, Sansom, Wade, Weaver — 43. Nays — Allison, Abernathy, Blake, Ballinger, Cline, Cooley, DeMorse, Dohoney, Davis of Brazos, Erhard, Flournoy, Gaither, Henry of Smith, Henry of Limestone, King, Kilgore, Killough, Lockett, Lynch, Martin of Navarro, Morris, Moore, Murphy, Norvell, Nunn, Reagan, Ramey, Rentfro, Robertson of Bell, Robison of Fayette, Ross, Russell of Harrison, Smith, Stockdale, Stay ton, Whitehead, Wright, Whitfield, West, Waelder— 40. The question upon Mr. Murphy's amendment recurring, Mr. 496 JOURNAL OF THE [Oa. 26, 1875. Murphy withdrew his amendment, and it was referred to the Committee on Back Taxes. Mr. Dohoney proposed to amend section 8 by striking out the words " all lands," and insert " all property." Carried. Mr. Ballinger offered the following amendment : Section 10, line 3, strike out the words " condemnation and." Mr. Graves moved to close debate upon the amendment and brino; the Convention to a vote on it. Carried, and amendment lost by the following vote : Yeas — Abernathy, Ballinger, Crawford, Chambers, Cook of Gonzales, Cooley, Davis of Brazos, Ford, Gaither, Henry of Smith, Henry of Limestone, Killough, Lynch, Morris, Nor- vell, Nunn, Scott, Sansom, Wright, West, Waelder — 21. Nays — Allison, Arnim, Abner, Brown, Blassingame, Bar- nett, Burleson, Brady, Bruce, Cooke of San Saba, Cline, Car- dis, Dillard, DeMorse, Dohoney, Darnell, Davis of Wharton, Fleming, Ferris, German, Graves, Holt, Haynes, Johnson of Franklin, Johnson of Collin, Kilgore, Lockett, Lacy, Mc- Lean, Martin of Navarro, Martin of Hunt, McCabe, Mills, Mitchell, McKinney of Denton, McKinney of Walker, McCor- mick, Moore, Murphy, Nugent, Panli, Reagan, Ramey, Rey- nolds, Rentfro, Robertson of Bell, Robison of Fayette, Ross, Russell of Harrison, Russell of Wood, Spikes, Smith, Stock- dale, Stayton, Wade, Whitehead, Weaver, Whitfield — 58. Mr. Ferris offered the following substitute for section 14 : ** Sec. 14. The Legislature shall provide for equalizing, as near as may be, the valuation of all property subject to or ren- dered for taxation, by creating a board or boards of equalization, and it may also provide for the classification of all lands with reference to their value in the several counties." Mr. Pauli proposed to amend section 14 by striking out the words " the Sheriff, County Clerk and Chief Justice shall com- pose," and insert " the Commissioners' Court in open session shall act as," also insert after the words "property holders" the words " or the Assessor." Adopted. Mr. Ferris's substitute was adopted. Mr. Reagan offered the following amendment : Amend section 10 by adding after the word "fraud," where it occurs before the proviso, the words " or because the taxes had been paid as required by law." On motion of Mr. West, the Convention adjourned to 2^ o'clock p. M. Oct. 26, 1875.J CONSTITUTIONAL CONVENTION. 497 EVENING SESSION— 2i o'clock. Convention met pursuant to adjournment ; roll called ; quorum present. On motion of Mr. Russell, of Harrison, Mr. Abner was excused for the evening on account of sickness. On motion of Mr. Moore, Mr. Erhard was excused on account of sickness. Mr. Cook, of Gonzales, offered the following amendment to section 10 of pending article. Amend section 10 ; next to last line strike out " three times " and insert the word " double." Mr. Reagan's amendment pending an adjournment lost. Mr. Cook's amendment adopted. Mr. Reagan offered the following amendment : Amend by striking out the first four lines of section 8 and in- serting : '' All property, whether owned by persons or corpora- tions, shall be assessed for taxation in the county where it is situated, but the taxes may be paid in the county where the property is situated, or in the county where the owner may live, or at the Comptroller's office." Mr. Russell, of Wood, made this point of order, viz. : that the amendment was out of order, the substance of the amendment having been contained in Mr. Gaither's amendment, which was voted down this morning. The Chair ruled against the point. Mr. McCormick moved to recommit the article and pending amendments to a select committee of five. Mr. Fleming moved the main question. Carried. The question of referring the article and amendments to a select committee of five was then put and lost by the following vote : Yeas — Abernathy, Brown, Ballinger, Cline, Cooley, DeMorse, Dohoney, Darnell, ' Davis of Brazos, Ford, Flournoy, Gaither, Henry of Smith, Henry of Limestone, Kilgore,Killough,Lockett, Lynch, Morris, McCormick, Murphy, Norvell, Niinn, Reagan, Robertson of Bell, Russell of Harrison, Smith, Stockdale, Stay- ton, Whitehead, Wright, Whitfield, West, Waelder— 34. Nays — Allison, Arnim, Abner, Blassingame, Barnett, Burle- son, Brady, Bruce, Crawford, Chambers, Cook of Gonzales, Cooke of San Saba, Cardis, Dillard, Davis of Wharton, Flem- ing, Ferris, German, Graves, Holt, Haynes, Johnson of Frank- lin, Johnson of Collin, Lacy, McLean, Martin of Navarro, 32 498 JOURNAL OF THE [Oa. 27, 1875. Martin of Hunt, McCabe, Mills, Mitchell, McKiuney of Denton, McKinnej of Walker, Moore, Nugent, Panli, Ramey, Reynolds, Rentfro, Robison of Fayette, Ross, Russell of Wood, Spikes, Scott, Sansom, Wade, Weaver — 46. On motion of Mr. Graves, debate was closed on Mr. Reagan's amendment, and a vote was taken and the amendment lost by the following vote : Yeas — Abernathy, Ballinger, Cline, Cooley, DeMorse, Doho- ney, Dav^is of Brazos, Gaither, Kilgore, Ki Hough, Lockett, Morris, Moore, Norvell, Nunn, Reagan, Robertson of Bell, Robison of Fayette, Smith, Stockdale, Stay ton, Whitehead, Wright, West, Waelder— 25. Nays — Allison, Arnim, Abner, Brown, Blassingame, Barnett, Burleson, Brady, Bruce, Crawford, Chambers, Cook of Gonzales, Cooke of San Saba, Cardis, Dillard, Darnell, Davis of Whar- ton, Ford, Flournoy, Fleming, Ferris, German, Graves, Holt, Henry of Smith, Henry of Limestone, Haynes, Johnson of Franklin, Johnson of Collin. Lacy, Lynch, McLean, Martin of Navarro, Martm of LIunt, McCabe, Mills, Mitchell, McKinney of Denton, McKinney of Walker, McCormick, Murphy, Nugent, Panli, Ramey, Reynolds, Rentfro, Ross, Russell of Harrison, Russell of Wood, Spikes, Scott, Sansom, Wade, Weaver, Whit- lield— 55. Mr. Whitfield moved to postpone the consideration of the ar- ticle until Saturday next at 10 o'clock ; that it be made the special order for that hour, and that one hundred copies be printed. Carried. Mr. Dillard moved to reconsider the vote refusing to adopt Mr. Ballinger's amendment to section 10, taken this morning. On motion of Mr. West, the Convention adjourned to 9 o'clock A. M. to-morrow. FORTY-FIFTH DAY. Hall of Representatives, I Austin, Texas, October 27, 1875. \ Convention met pursuant to adjournment ; roll called ; quorum present. Prayer by the Rev. Horatio V. Philpott, of the M. E. Church, South, at Austin. Journal of yesterday read and adopted. The following communication was taken from tlie President's desk and read : Oct 27, 1875.] CONSTITUTIONAL CONVENTION. 499 Comptroller's Office, | ArsTm, October 26, 1875. f To the Hon. E. B. Pickett^ President of the Conventimi : Sir — In compliance with an ordinance of your honorable body, passed October 25, 18T5, viz: '^ Tliat the Comptroller of Public Accounts be requested to furnish this Convention a state- ment with the amount of money loaned to each and every rail- road, and amount of what fund loaned, at what rate of interest, and as to whether the interest on said loans are promptly paid or not ; if not, what roads are defaulters" — I beg leave to submit the following statement of amounts loaned to railroads, all of which was from the Common School fund, viz : Houston and Texas Central Railroad $450,000 Washington County " " 66,000 Buifalo Bayou, Brazos, and Colorado Railroad 420,000 Houston Tap and Brazoria " 300,000 Texas and New Orleans " 430,500 Southern Pacific " 150,000 Total amount of aid given $1,816,500 For this amount the State took the bonds of the several rail- road companies, bearing interest at the rate of six per cent, per annum. Under an act approved February 13, 1860, $63,183 of these bonds were liquidated, leaving in the possession of the State at this date bonds of railroad companies amounting to $1,753,317. Under an act approved August 13, 1870, it was provided that to the principal due from each company should be added all interest due on the first day of May, 1870, and upon the amounts so obtained six months interest and one per cent, sinking fund shall be paid on the first day of May and Novem- ber of each year. Railroad companies are now operating under this law. The amounts upon which interest and sinking fund is due by railroad companies November 1, 1875, is as follows, viz : Houston and Texas Central Railroad Company. . . $594,472 38 Washington County V)3,910 98 Southern Pacific 200,885 90 Texas and New Orleans , 588,871 47 Galveston, Harrisburg and San Antonio .,-.... 588,625 47 Total $2,066,766 20 The interest and sinking fund required by law has been promptly paid by each company. I have the honor to be, very respectfully, Stephen H. Darden, Comptroller. 500 JOURNAL OF THE {Oct. 27, 1875. On motion of Mr. Allison, two hundred copies were ordered printed. Mr. Knssell, of Harrison, presented the memorial of sundry citizens of Brazoria county asking the prohibition of occupation tax. Referred to Committee on Revenue and Taxation. Mr. Blassingame presented the petition of tlie citizens of Sher- man on the subject of railroad taxation. Referred to Committee on Revenue and Taxation. Mr. Martin, of Hunt, offered thti following resolution : Resolved^ That the Legislature shall not hereafter create any office, except as provided in this constitution. Referred to Committee on General Provisions. Mr. Gaither ofiered the following resolution : Resolved., That the President of the Convention be authorized to appoint a committee of six, que from each Congressional Dis- ttict, to prepare a brief address to the people of the State, setting forth the leading principles of the new constitution, tlie reforms provided for by it, and its claims to the approbation of the free- men of Texas. Adopted. Mr. Johnson, of Franklin, offered the following resolution : Resolved^ That the following provision be incorporated into the constitution : " Sec. — . The Legislature may provide, through the Agricul- tural and Mechanical College of Texas, for the collection, gathering and publication of agricultural, geological and geo- graphical statistics and information in regard to this State, and for the distribution of such publications as shall be made, both at home and abroad. Referred to Committee on Education. Mr. West offered the following resoultion : Resolved^ That the Governor be requested to fiu-nish this Con- vention, if compatible with the public interest, a brief statement showing the amount of bonds sold during the term of Governor Davis, their character, the date of the law under which they were issued, the price for which they were sold, and the amount of commissions and other expenses attending the sale, so as to show the precise amount realized from the sale of such bonds. And that he also furnish this Convention information as to the number and amount of bonds sold during his administration up to date, showing the character of the bonds, their denomination, bearing what interest, and in what the principal and interest are payable, and when due, and imder what law issued, the price Oct. 27, 1875.J CONSTITUTIONAL CONVENTION. 501 paid for the bonds and the names of the purchasers, and dates of purchase, and what commissions, expenses and charges have attended the sale, so as to show the amount of money and its character received by the State, and whether there are any other bonds now offered for sale. Also, w4iat amount of bonds, if any, have been issued in liquidation of treasury warrants, the character of the warrants so taken up, to whom and when the bonds were issued, at what interest, when payable and in what character of funds. And also, wdiat amount of money, if any, has been paid out of the treasury for which there was no appro- priation ; on what claim or account it was paid, and to whom. Adopted. Mr. Scott called up his amendment to the rules, submitted on Saturday, viz : " Whenever any article of the constitution shall be passed upon its third reading, under the foregoing rules, it shall be, as of course, referred to the Committee on Style and Arrangement. When the whole constitution shall be presented to the Conven- tion by said committee, it shall not be subject to any amendment that will change its meaning or intent, except by a two-thirds vote." The hour having arrived for the consideration of the special order, viz : to reconsider the vote adopting the resolution on the subject of immigration, it was taken up. On motion of Mr. Crawford, the consideration of the special order was postponed until the final passage of the article on Legislative Department. The question then recurring on the adoption of Mr. Scott's amendment to the rules, the yeas and nays were called for, and the amendment carried by the following vote, it requiring two- thirds to adopt : Yeas — Allison, Abernathy, Arnim, Abner, Brown, Blassin game, Barnett, Burleson, Bruce, Chambers, Cook of Gonzales, Cooke of San Saba, Cardis, Dillard, DeMorse, Darnell, Erhard, Ford, Flournoy, Fleming, Ferris, German, Gaither, Graves, Holt, Henry of Limestone, Haynes, Johnson of Franklin, Johnson of Collin, Killough, Lockett, Lacy, McLean, Martin of JS'avarro, Martin of Hunt, Mills, McKinney of Denton, Moore, Murphy, Nor veil, Kamey, Kobertson of Bell, Kobison of Fayette, Koss, Russell of Harrison, Russell of Wood, Spikes, Scott, Wade, White- head, Weaver, Whitfield, West— 53. Nays — Ballinger, Brady, Crawford, Cline, Cooley. Dohoney, Davis of Brazos, Davis of Wharton, Henry of Smith, Kilgore, Lynch, Morris, McKinney of Walker, McCormick, Nunn, Nu- 502 JOURNAL OF THE [Oa. 27, 1875. gent, Paiili, Reagan, Reynolds, Rentfro, Smith, Stockdale, Stay- ton, Sansom, Wright, Waelder — 26. Mr. Dohoney introduced the following ordinance : Whereas, The Legislature passed an act, approved on the 10th day of March, 1875, entitled ''An act to encourage the construction of canals and ditches for navigation and irrigation," vrhich act fails to require any canal or ditch therein provided for, to be supplied with water ; and which act has been construed to permit parties to avail themselves of its benefits, on canals and ditches, existing prior to the passage of said act ; and. Whereas, Many thousand acres of land certificates have been issued under the aforesaid act, and delivered to parties and com- panies on old canals and ditches, existing before the date of the passage of said act, and also on imaginary dry land ditches, which do not exist at all, and never will, and this without any compensation or benefit whatever to the State ; and, Whereas. No canals or ditches have actually been constructed under the aforesaid act and in accordance with its provisions ; therefore, J^e it dedcored and ordained hy the Constitutional Convention of the State of Texas^ That all grants of land certificates under the aforesaid act of the Legislature, being without consideration to the State, are hereby declared void ; all patents issued on any of said certificates are hereby declared canceled ; and all lands patented, located or reserved by virtue of said certificates, or under the provisions of the aforesaid act, shall revert to the State and constitute a part of the public domain. Referred to Committee on Ordinances. Mr. McCormick oftered the following resolution : Whereas, It is evident that the session of the Convention is being prolonged by the criticisms of the press, and the publica- tion by tlie members of the same of their speeches ; therefore, be it Resolved^ That in the opinion of this body the only object to be attained is a good constitution for the people of Texas, not the aggrandisement of individual members ; that hereafter the Convention sit with closed doors, and that no one be admitted but the delegates and officers. Laid over under the rules. Mr. Burleson offered the following resolution : Resolmd^ That all claimants to ancient land grants (save minor heirs whose disabilities are not barred) which are now oc- cupied by citizens holding under color of title in good faith, be required to pay all taxes on said lands due from the date of their Oct. 27, 1875.J CONSTITUTIONAL CONVENTION. 503 claim of title to the time of the institution of suit to try the title thereto. Referred to the Committee on Spanish Land Titles. The hour having arrived, the special order was taken up, viz : Reports of the majority and minority of a select committee to consider the propriety of setting apart a portion of the public domain for the benetit of railroads in Southeastern, Western and Northwestern Texas, the minority reporting an ordinance to that effect. Mr. Dohoney moved to postpone the consideration of the same until 10 o'clock Monday next. Mr. Stay ton moved to amend by including " Article — on Public Lands and Land Office." Carried. BUSINESS ON THE TABLE. "Article — , Legislative Department," on its third and final reading, was taken up and read a third time. Mr. Reao^an offered the followins; amendment : Sec. 28, line 227, add : "And before the meeting of the next succeeding Legislature." Adopted. Mr. Waelder offered the following amendment : Strike out the three first lines of section 3, to and including the word " classes," and insert : " Sec. 3. The Senators shall be chosen by the qualified electors, for the term of four years, but a new Senate shall be chosen after every apportionment, and the Senators elected after each apportionment shall be divided by lot into two classes." Adopted. Mr. Waelder proposed to strike out the word " appoint," in line 197, section 43, and insert " provide for the appointment of." Mr. Moore ofiered the following as a substitute for the amend- ment : Amend section 43 ; strike out in line 197 the word " appoint," and insert after the word " shall " the words " provide by law for the appointment of," and strike out all of the section after the word " criminal," in line 199. On motion, of Mr. Martin, of Hunt, the Convention adjourned to 2^ o'clock p. M., pending Mr. Moore's amendment. EVENING SESSION— 2i o'clock. Convention met pursuant to adjournment ; roll called ; quorum present. 504 JOURNAL OF THE [Ocf. 27, 1875. This being the hour set for considering "Article — , Judi- ciary," it was taken up. Mr. Ramej moved to postpone the consideration of the article until the article " Legislative Department " shall be disposed of. Carried, and the Convention resumed the consideration of the article " Legislative Department." Mr. Moore's amendment, pending on adjournment, taken up. Mr. Waelder, by leave, withdrew his amendment pending, and offered the following as a substitute for the entire section : " Sec. 43. The first session of the Legislature under this con- stitution shall provide for revising, digesting and publishing the laws, civil and criminal, and a like revision, digest and publica- tion may be made every ten years thereafter ; provided , that in the adoption of, and giving effect to, any such digest or revision the Legislature shall not be limited by sections 35 and 36 of this article." Mr. Moore's amendment lost. Mr. Waelder's substitute adopted. Mr. Dohoney moved to strike out section 43. Lost. Mr. Stayton moved to strike out the proviso from section 43. Lost. Mr. Ballinger offered the following amendment to section 48 : insert in lieu of the words added by Mr. Reagan, " and before the next Legislature can provide for its payment." Withdrawn. Mr. Stockdale preposed to amend by striking out all after the word " State," in section 47, line 246. Adopted. Mr. McKinney, of Walker, proposed to amend section 56 by inserting after the word " civil," in line 320, the words " or criminal." Adopted. Mr. Dohoney proposed to amend section 49, line 245, by strik- ing out the word " two," and insert " one." Mr. DeMorse proposed to amend section 49, line 243, after the word " created," by inserting " shall never exceed at any time five hundred thousand dollars." Mr. Brown moved to lay both amendments on the table. Carried. Mr. Crawford offered the following amendment : add to section 48, line 238, the words, " the State cemetery and her public grounds." Adopted. Oct 27, 1875.] CONSTITUTIONAL CONVENTION. 505 Mr. Weaver proposed to ameDd section 48, line 236, by adding, " nor shall the Legislature create any office not authorized by this constitution." On motion of Mr. Martin, of Navarro, laid on the table. Mr. Crawford oftered the following amendment to section 48 : add " the erection and repairs of public buildings." Adopted. Mr. Crawford also proposed to amend section 48 by adding the following : " The establishment and support of a Bureau of Geological, Agricultural, Industrial, Scientific and Historical Statistics, for the collection, preservation and dissemination of useful informa- tion among the people of this State." Lost by the following vote : Yeas — Ballinger, Blake, Brown, Cline, Coole}^, Crawford, Davis of Brazos, DeMorse, Dohoney, Erhard, Ford, Henry of Limestone, Henry of Smith, Johnson of Franklin, Kilgore, King, Lockett, Martin of Hunt, McCormick, McKinney ot Walker, Mc- Lean, Moore, Morris, Murphv, Reagan, Russell of Harrison, Smith, Stayton, Stockdale,Wade, Waelder, West, Whitfield— 33. Nays — Abernathy, Abner, Allison, Arnim, Barnett, Blas- singame, Brady, Bruce, Burleson, Chambers, Cook of Gonzales, Cooke of San Saba, Darnell, Dillard, Ferris, Fleming, Flournoy, Gaither, German, Graves, Haynes, Holt, Johnson of Collin, Killough, Lacy, Lynch, Martin of Navarro, McKinney of Denton, Mills, Nor veil, Nugent, Nunn, Pauli, Ramey, Rentfro, Rob ertsou of Bell, Robison of Fayette, Russell of Wood, Scott, Spikes, Weaver, Whitehead, Wright — 44. Mr. Cline offered the following amendment : In section 3, line 147, strike out the word " purpose " and in- sert the word " subject." Mr. Brown moved the previous. question. Lost. Mr. Cline's amendment lost. Mr. Ferris proposed to insert in line 230, section 48, " includ- ing matured bonds, for the payment of which the sinking fund is inadequate." Adopted. Mr. McLean offered the following amendment : Line 339, after the word " Legislature," insert " at the next general election," and in line 341, after the word " before," strike out "an," and insert^ the word "such." Lost. Mr. King proposed to amend section 32, line 153, by writing 506 JOURNAL OF THE \Oct 27, 1875. after tlie word " preamble " the following : " or in the body of the bill/' Adopted. Mr. Brady proposed to amend as follows : Amend section 21 by striking out the word "session," in line 117, and by striking out the letter '' a," in line 108, and insert- ing the word " per." Adopted. Mr. West moved to reconsider the vote refusing to adopt Mr. McLean's amendment to lines 339 and 341. Lost by the following vote : Yeas — Brady, Brown, Chambers, Cook of Gonzales, Cooke of San Saba, Darnell, DeMorse, Dillard, Fleming, Flournoy. Ford, Gaither, German, Holt, Johnson of Collin, Johnson of Frank- lin, Lacy, McCabe, McKinney of Denton, McLean, Mitchell, Murphy, Kamey, Rentfro, Reynolds, Robertson of Bell, 'Robi- son of Fayette, Russell of Harrison, Russell of Wood, Sansom, Scott, Spikes, Wade, West, Whitehead, Whitiield— 36. Nays — Abernathy, Abner, Allison, Arnim, Ballinger, Bar- nett, Blake, Blassingame, Bruce, Burleson, Cline, Cooley, Crawford, Davis of Brazos, Dohoney, Erhard, Ferris, Graves, Haynes, Henry of Limestone, Llenry of Smith, Kilgore, Kil- lough, Lockett, Lynch, Martin of Hunt, Martin of Navari'o, McCormick, McKinney of Walker, Mills, Moore, Morris, Norvell, Nugent, Nuun, Pauli, Reagan, Ross, Smith, Stayton, Stockdale, Waelder, Wright— 43. Mr. Flournoy offered the following amendment to section 48 : insert in line 231, after the word " schools," the words " to the extent specially authorized in this constitution." On motion of Mr. Graves, the main question was ordered. Mr. Flournoy's amendment lost by the following vote : Yeas — Allison, Arnim, Barnett, Blassingame, Bruce, Burle- son, Chambers, Cook of Gonzales, Cooke of San Saba, Dillard, Fleming, Flournoy, Gaither, German, Graves, Haynes, Henry of Limestone, Holt, Johnson of Collin, Johnson of Franklin, Lacy, Lynch, Martin of Navarro, McKinney of Denton, Mc- Lean, Nugent, Robertson of Bell, Robison of Fayette, Russell of Wood, Sansom, Scott, Spikes, Wright — 33. Nays — Abernathy, Abner, Ballinger, Bhike, Brown, Cline, Crawford, Darnell, Davis of Brazos, DeMorse, Dohoney, Erhard, Ferris, Ford, Henry of Smith, Kilgore, Killough, Lockett, Martin of Hunt, McCabe, McCormick, McKinney of Walker, Mills, Mitchell, Moore, Morris, Norvell, Nunn, Pauli, Oct. 28, 1875.] CONSTITUTIONAL CONVENTION. 607 Ramey, Reagan, E-eutfro, Reynolds, Ross, Smith, Stayton, Stockdale, Wade, Waelder, West, Whitehead, Whitfield — 4:2. The question recurring on the final passage of the article, the same was put, and the article passed by the following vote : Teas — Abernathy, Abner, Allison, Ballinger, Barnett, Blassin- game, Brown, Bruce, Burleson, Chambers, Cline, Cook of Gon- zales, Cooke of San Saba, Crawford, Darnell, Davis of Brazos, Dillard, Dohoney, Erhard, Ferris, Flemings Flourno}^ Ford, Gaither, German, Graves, Haynes, Henry of Limestone, Henry of Smith, Johnson of Collin, Johnson of Franklin, Kilgore, Killough, Lacy, Lockett, Lynch, Martin of Hunt, Martin of I^avarro, McCormick, McKinney of Denton, McKinney of Walker, Moore, Murphy, Nor veil, Nugent, Nunn, Ramey, Reagan, Ro bison of Fayette, Ross, Russell of Wood, Smith, Spikes, Stayton, Stockdale, Wade, Waelder, Whitehead, Whit- field, Wright— 60. Nays — Arnim, Blake, Brady, DeMorse, Holt, McLean, Mil s, Mitchell, Morris, Pauli, Rentfro, Reynolds, Robertson of Bell, Russell of Harrison, Sansom, Scott, West — 17. On motion, the Convention adjourned to 9 o'clock a.m. to- morrow. FORTY-SIXTH DAY. Hall of Representatives, ) Austin, Texas, October 28, 1875. f Convention met pursuant to adjournment; roll called ; quorum present. Prayer by the Rev. H. Y. Philpot, of the M. E. Church, South, at Austin. Journal of yesterday read and adopted. On motion of Mr. Blassingame, Mr. Latimer, Assistant Secre- tary, was excused on account of sickness. On motion of Mr. Weaver, Mr. Martin, of Hunt, was excused on account of sickness. Mr. DeMorae made the following reports : CoivonTTEE Room, \ Austin, October 27, 1875. \ To the Hon. E. B. Pickett^ President of the Convention : The Committee on Revenue and Taxation, to which was re- ferred the memorial of the Patrons of Husbandry, of Hunt county, through their County Council, asking immediate relief by ordinance deferring the collection of taxes for the present year, 508 JOURNAL OF THE [Oa. 28, 1875. instruct me to report that in conformity with the suggestions of this memorial, they had, prior to this time, reported to the Con- vention the following section, changing the periods of the fiscal year, on which the Convention has not yet acted, and which they again recommend to its consideration, as not only having the approval of their judgment, but that of the Comptroller of the State. They refer the question of immediate relief, by special ordi- nance, to the judgment of the Convention itself, with the sugges- tion that the committee doubt the propriety of the exercise of such power by this Convention. Charles DeMorse, Chairman of the Committee. Resolution recommended by the committee, as a section of the article on Hevenue and Taxation : " Sec. — . The fiscal year shall commence the first of May, and end the last of April following. Assessments of taxes shall date from the first day of January of each year, and the collec- tions shall commence on the first of December, and shall be closed by the first day of April following, until otherwise pro- vided by law." Committee Room, ) , Austin, October 27, 1875. f To the Hon. E. B. Pickett.^ President of the Convention : Your Committee on Revenue and Taxation, to which was re- ferred the memorial of the City Council of the city of Sherman, relative to municipal taxation of the property of railroad com- panies lying within the limits of cities and incorporated tow^ns, instruct me to report that they have carefully considered the subject, and deem that the subjoined clauses, which they recom- mend to the consideration of the Convention, as constituent sec- tions of the article on taxation, w^ill remedy in the future the evils complained of, and reach the case of default alluded to, wherein no report has been made of property lying within the corporation properly subject to taxation. The entire scope of relief asked, by retroactive legislation by this body they deem unwise, and therefore can not recommend, although they are satisfied that the city which the memorialists represent has been w^'onged. We return the memorial to the Convention herewith, that it may be read for the information of the Convention, and enable it to judge of the equities of the case, and the proprieties of its action. All of whi(^h is respectfully submitted. Charles DeMorse, Chairman. Oct 28, 1875.J CONSTITUTIONAL CONVENTION. 509 Clauses recommended for article on Taxation : " Sec. — . The Comptroller of the State shall annually pre- pare a list of all lands assessed or nnassessed for each separate county, and assess upon the portion nnrendered all the present and back tax due thereon, and transmit to each collector of taxes the list prepared for his county ; upon which list the collector shall proceed as by law prescribed." " Sec. — . All property of railroad companies, of whatever de- scription, lying or being within the limits of any city or incor- porated town within this State shall bear its proportionate share of munici])al taxation ; and if any such property shall not have been heretofore rendered, the authorities of the city or town within which it lies shall have power to require its rendition and collect the usual municipal tax thereon, as on other property lying within said municipality." Committee Room, Austin, October 27, 1875. To tlie Hon. E. B. Vichett, President of the Convention: Your Committee on Revenue and Taxation, to whom was referred the memorial of citizens of Brazoria county against any license law discriminating against occupations and professions, and urging the im[)osition only of equal and uniform taxation, report the memorial back to the Convention, with the suggestion that your committee have previously stated their opinions upon this subject, in tlie form of a section in the majority report, which expresses their decided conviction that all such taxation on commendable occupations is eminently unjust, and not sus- tainable upon enlightened principles of political ecomony, except in the gravest emergencies; but the Convention having over- ruled them, and authorized such taxation, they can only repeat their own nearly unanimous views upon the question, and defer to the superior judgment of the Convention. All which is respectfully submitted. The memorial is herewith returned. Charles DeMorse, Chairman. Mr. Ramey moved to increase the number of the select com- mittee authorized by Mr. Gaither's resolution to thirteen. Carried. Mr. Weaver offered the following resolution : Whereas, The Supreme Court of the State has decided the law levying one per cent, school tax unconstitutional ; be it therefore, Hesolved^ That the amount of said tax paid by each taxpayer 510 JOURNAL OF THE [Oa. 28, 1875. heretofore, be ascertained and placed to the credit of said tax- payer against the amount heretofore assessed. Referred to Committee on Revenue and Taxation. Mr. Moore offered the following resolution : Resolved^ Tliat there shall be elected, by the qualilied voters of each county in this State, a County Treasurer, who shall re- side at the county site, hold his office for four years and until his successor shall be qualified, and shall have such compensa- tion as may be provided by law. Referred to Committee on General Provisions. The special order of the hour, viz : motion to reconsider the vote engrossing the resolution of Mr. Russell, of Wood, on the subject of immigration, was taken up and motion lost by the following vote : Yeas -Ballinger, Blake, Brown, Cardis, Cline, Coolay, Craw- ford, Davis of Brazos, DeMorse, Erliard, Ferris, Ford, Henry of Limestone, Henry of Smith, King, Lockett, McCabe, McKinney of Walker, Moore, Morris, Murphy, Nunn, Pauli, Reagan, Rey- nolds, Russell of Harrison, Smith, Stayton, Stockdale, West, Whitfield— 3L Nays — Abernathy, Abner, Allison, Arnim, Barnett, Blassin- game, Bruce, Burleson, Chambers, Cook of Gonzales, Cooke of San Saba, Darnell, Davis of Wharton, Dillard, Dohoney, Flem- ing, Flourno}', Gaither, German, Graves, Haynes, Holt, Johnson of Franklin, Johnson of Collin, Ivilgore, Killougli, Lacy, Lynch, Martin of Navarro, McKinney of Denton, McLean, Mills, Mitchell, Norvell, Rentfro, Robertson of Bell, Robison of Fa}^- ette, Ross, Russell of AV^ood, Scott, Spikes, Wade, Weaver, Whitehead, Wright— 45. " Article — , Judiciary," taken up, with three several reports from minorities. Mr. Whitfield moved to postpone the article until the article on Public Free Schools shall be disposed of, and that the article on Free Schools be taken up. Lost. The Convention proceeded to consider the '" Article — , on Judiciary." The hour having arrived for the special order, viz : "Article — , Pu])lic Schools," was taken up. Mr. Dohoney moved to postpone the same until Saturday at 9J o'clock, and that it be made the special order for that hour. Mr. Cline moved to postpone it to Tuesday, and make it the special order for 10 o'clock that day. Oct. 28, 1875. J CONSTITUTIONAL CONVENTION. 511 Carried by the followino; vote : Yeas — Abernathy, Arnim, Balliiiger, Barnett, Blassingame, Brady, Brown, Bruce, Burleson, Card is, Cline, Cook of Gonzales, Cooley, Darnell, Davis of Wharton, Dohoney, Erhard, Flournoy, German, Graves, Henry of Limestone, Henry of Smith, Holt, Johnson of Collin, King, Lockett, Lynch, Martin of Na- varro, McCabe, Mitchell, Morris, Nugent, Nunn, Pauli, Reagan, Rentfro, Reynolds, Ross, Russell of LLarrison, Scott, Spikes, Stayton, Stockdale, Wade, AVaelder, Weaver, West, Wright — 48. Nays — Abner, Allison, Chambers, Cooke of San Saba, (Vaw- ford, Davis of Brazos, DeMorse, Dillard, Fleming, Ford, Gaitber, Haynes, Johnson of Franklin, Kilgore, Killough, Lacy, Mc- Kinney of Denton, McLean, Mills, Murphy, Norvell, Ramey, Robertson of Bell, Robison of Fayette, Russell of Wood, San- son!, Smith, Whitehead, Whitfield — 29. Mr. Stockdale moved to reconsider the vote just taken. Carried. " Article — , Judicial Department," passed to the table for the present, and the Convention proceeded to tlie consideration of " Article — , Public Free Schools." [Mr. Flournoy in the chair.] Mr. Reagan offered the following amendment : Sec. 3, line 14, strike out the word "tw^o" and insert the word "one." Mr. Johnson, of Franklin, offered the following substitute for the section : " Sec. 3. And there shall be set apart not less than one-tenth of the annual revenue of tbe State derivable from taxation, and a poll tax of one dollar on all male inhabitants in this State be- tween the ages of twenty-one and sixty years, for the benefit of the public free schools." Mr. Reagan's amendment adopted by the following vote : Yeas — Abner, Allison, Arnim, Barnett, Blake, Blassingame, Brown, Bruce, Card is, Chambers, Cooke of San Saba, Cooley, Darnell, Fleming, Flournoy, German, Graves, Henry of Lime- stone, Holt, Johnson of Collin, Johnson of Franklin, Killough, Lynch, McKinney of Denton, McLean, Mills, Murphy, Nugent, Ramey, Reagan, Robertson of Bell, Robison of Fayette, Russell of Harrison, Russell of Wood, Sansom, Scott, Spikes, Stockdale, Weaver, West, Whitehead, Whitfield, Wright— 43. Nays — Abernathy, Ballinger, Brady, Burleson, Cline, Cook of Gonzales, Crawford, Davis of Brazos, Davis of Wharton, De- Morse, Dillard, Dohoney, Ferris, Ford, Gaither, Haynes, Henry of Smith, Kilgore, King, Lacy, Lockett, Martin of Navarro, 512 JOURNAL OF THE [Oa. 28, 1875. McKinney of Walker, Mitchell, Moore, Morris, Norvell, Kunn, Pauli, Kentfro, Reynolds, Ross, Smith, Stayton, Wade, Wael- der — 36. Mr. Johnson's (of Franklin) substitute. On motion of Mr. Mills, the Convention adjourned to 2^ o'clock p. M. EVENING SESSION— 21 o'clock. Convention met pursuant to adjournment; roll called ; quorum present. Convention resumed consideration of pending question. Mr. Wright, by leave, offered the following resolution : Resolved^ That the Convention tender this hall to Bishop George F. Pierce to hold divine service in this evening ; and that the Sergeant-at-Arms be, and he is hereby, instructed to notify him of tlie fact. Adopted. Mr. Whitfield offered the following as a substitute for the article pending : " Article — . '' education. "Section 1. A general diffusion of knowledge being essential to the preservation of liberties of the people, it shall be the duty of the Legislature of this State to make suitable provisions for the support and maintenance of public schools. " Sec. 2. All funds, lands and other property heretofore set apart and appropriated, or that may hereafter be set apart and appropriated for the support of public schools, all the alternate sections of land reserved by the State out of grants heretofore made or that may hereafter be made to railroads or other cor- porations of any nature whatever, one-half of the public domain of tlie State, and all sums of money that may come to the State from the sale of any portion of the same, shall constitute a per- petual public school fund. " Sec. 3. And there shall be set apart, annually, not more than one-tenth of the annual revenue derivable from taxation for general purposes, and such poll tax as may be by law levied under the provisions of this constitution, which shall also consti- tute a part of the public school fund. '' Sec. ^. The lande herein set apart to the public school fund shall be sold under such regulation, at such time, and upon such terms as may be prescribed by law, and the Legislature shall not have power to grant any relief to the purchasers thereof. The Comptroller shall invest the proceeds of such sale, and of those Oct. 28, 1875.J CONSTITUTIONAL CONVENTION. 513 heretotbi'e made, in the bonds of this State, if the same can be obtained, otherwise in United States bonds, and the United States bonds now belonging to said fnnd shall likewise be in- vested in State bonds, if the same can be obtained. " Sec. 5. The principal of all bonds or other funds, and the prin- cipal arising from the sales of lands herein before set apart to said school fund, shall be the permanent school fund, and all the interest derivable therefrom, and the taxes herein provided shall be the available school fund, which shall be applied annually to the support of public schools, and no law shall ever be made ap- propriating any part of the permanent or available school fund t) any other purpose whatever, except as hereinafter provided. " Sec. 6. All public lands which have been heretofore, or may be hereafter granted to the various counties of this State for pul)lic schools, are of right the property of said counties respec- tively to which they are granted and entitled thereto, is hereby vested in said counties, subject to the trust created in the g'rant. '' Sec. 7. So soon as the available school fund may be sufficient, the Legislature shall estal)lish and maintain '' Free . Public Schools" throughout the State for a period of not less than four months in each year, and may authorize any county to establish public schools in such county whenever the available fund appor tioned to such county, as herein provided, together with the fund realized from the sale of the lands of the county, shall be suffi- cient to maintain public schools in such county for not less than four months in each year. But until such time the available school fund hereinbefore provided shall be distributed to the several counties of the State, according to the scholastic popula- tion, the distribution to be made by the Governor, the Comp- troller and the Treasurer, who, for this duty, shall ^constitute a '' School Board." The fund shall be distributed to the counties and applied in aid of private schools in such mode as the Legis- lature may provide. "Sec. 8. All lands heretofore granted for the benefit of the Lunatic Asylum, the Blind Asylum, the Deaf and Dumb Asylum, and the Orphan Asylum, together with such donations as may have been, or may hereafter be made to either of them, are hereby set apart to provide a permanent school fund for the support and maintenance and improvement of said asylums; but the Legislature shall have the power, whenever deemed advisa- ble, to provide for the sale, in part or in whole, of said lands. The proceeds of said lands, w^hen realized, together with all moneys severallv donated to such asylums, or either of them, 33 " 514 JOURNAL OF THE {Oct 29, 1875. shall be invested in bonds of the State of Texas, if obtainable ; if not, in bonds of the United States, in such manner as the Legis- lature maj provide. And the proceeds of the interest thereon shall be a several available fund for each of said asylums, and for no other purpose. " Sec. 9. Separate schools shall be be provided for the white and colored children, and impartial provision shall be made for both." Mr. Moore moved to reconsider the vote adopting Mr. Rea- gan's amendment to section 3, line 14, to strike out " two " and insert "one." On motion of Mr. Flournoj, the Convention adjourned to 9 o'clock A. M. to-morrow. FOETY-SEYENTH DAY. Hall of Repeesentatives, ] Austin, Texas, October 29, 1875. \ Convention met pursuant to adjournment ; roll called ; quo- rum present. Prayer by the Rev. H. Y. Philpott, of the M. E.Church, South, at Austin. The chair announced the following select committee, author- ized by Mr. Gaither's resolution : Mr. Brown, chairman ; Messrs. Reagan, Ross, Whitfield, Ford, Ramey, Wright, Gaither, Chambers, I3allinger, Moore, Stockdale and McLean. On motion of Mr. Martin, of Navarro, Mr. Weaver was ex- cused from attendance on the Convention, on -account of sick- ness. Mr. Ford submitted the following report: Committee Room, ) Austin, October 28, 1875. \ ' To the Jlon. E. B. J^tckett^ Pres'idf/nt of the Coiwention: The Committee on State Aflairs, to wliich was referred the following : *' Sec. — . The Legislature shall at its first session, after the ratification of this constitution, provide pensions for the disabled and indigent surviving soldiers of the nn'olution by which the independence of Texas was achieved, in the year 1836," have had the same under consideration, and have directed me to report as follows : The revolution caused by the violation of the principles of the Mexican Constitution of 1834, the centralization of the Oct, 29, 1875.] CONSTITUTIONAL CONVENTION. 515 powers of goverament in Gen. Santa Anna, the determination of the Supreme Government of Mexico to disarm the people of Texas and to rednce them to a state of vassalage, was a move- ment sustained by the principles of civil and religious liberty. In this memorable contest the people of Texas, numbering about 50,000, threw down the gauntlet to a nation of 8,000,000 of peo- ple. They did this with a full knowledge that the penalty of failure was death. The decree declaring those participating in the revolution pirates and affixing the punishment of death there- for, the massacre of prisoners of war by order of President Santa Anna, leave no doubt that the policy of Mexico was to exterm- inate every man in Texas who had dared to assert his rights, and expel every American from its soil. It was the inauguration, by Mexico, of a war of races. It would be useless to mention the fall of the Alamo, the sur- render of Fannin, and the glorious victory of San Jacinto — they are matters of history. But it is not, perhaps, appreciated, that the Texas revolution effected grand results. It opened a country larger than France to the world, and added it to the United States. The war between Mexico and the United States followed as a sequence of annexation. The acquisition of California, with its golden treasures, of New Mexico, of Arizona, and changes which have affected the destinies of a mighty people, and the commerce of the world, were assured by our linal triumph on the plains of San Jacinto. The history of the past furnishes no parallel to that achieve- ment of 70(J poorly armed Texans. It ranks with the decisive battles which have overthrown governments, and changed dynasties. It was a victor V on the side of freedom, and enlarged the area ot representative republican government. It would be a pleasant task to trace the progress of a State which exhibited so much strength in its infancy, and which is now fast attaining gigantic proportions. Men who aided the young Hercules to strangle the serpent of oppresssion yet live to see him a robust youth. They can contemplate his growth, and look out upon the great improvements which have been made. They see the little colonies expanded into a million and a half of peo- ple, and are lost in admirinw; the chano-es which have occurred. tin What shall w^e do to reward men to whom we owe so much % Shall we lavish honors upon then) % Many of them are indigent, maimed, and too feeble to work for a livelihood. It is but an act of justice that we should lend a helping hand 616 JOURNAL OF THE {Oct. 29, 1875. to those noble old veterans wlio struck for liberty npon the breasts of their oppressors, and o;ave to liberty " a local habita- tion and a name.'' We owe them a debt of gratitude which we must pay, and let them feel that the blessings of their labors have followed them. It would be a dark spot upon the escutcheon of Texas should those heroes be suffered to drag out a miserable existence in want and misery, while we are enjoying the rich fruits of their labors. For these and other reasons the adoption of the section by the Convention is cordially recommended. John S. Ford, Chairman. Ed. Chaivibers, RoBT. Lacey, W. W. DiLLARD, Johnson, of Franklin. Jo. W. Barnett. Mr. Norvell offered the following resolution : Whereas, J. D. Logan & Co. having failed to comply with their contract to do the printing for the Convention ; therefore Resolved^ That the said contract be, and the same is hereby rescinded, and that the Committee on Printing and Contingent Expenses be, and they are hereby authorized to enter into new contracts for the printing of the Convention. On motion of Mr. Scott, referred to Committee on Printing. Mr. McKinney, of Denton, offered the following resolution : Resol/oed^ That there shall be at the next general election, a County Surveyor elected in each organized county in this State, who shall hold his office for two years, and receive such fees and c<)m])ensations as may be ]3rescribed hy law. Keferred to Committee on General Provisions. [Mr. Brown in the chair.] Unfinished business, viz: "Article — , Public Free Schools," again taken up, the pending questicm being Mr. Johnson's (of Franklin) substitute for section 3, \Alii('li was lost by the follow- ing vote : Yeas — Ballinger, Brown, ('ooley, Crawford, Darnell, Davis of Brazos, Dillard, Dolioney, Ferris, Fleming, Henry of Lime- stone, Jolmson (if Franklin, Kilgore, Killoiigh, Lacy, Martin of JS"avarro, McCormick, McKinney of Walker, Mitchell, Moore, Nunn, Ross, Smith, Stayton, Waelder, West, Whitfield— 27. Nays — Abernathy, Abner, Allison, Arnim, Barnett, Blassin- game, Brady, Bruce, Bnrleson, Chambers, Cook of Gonzales, Cooke of San Saba, l)avis of Wharton, DeMorse, Flournoy, Ford, Gaither, German, Graves, Haynes, Holt, Johnson of Collin, Oct 29, 1875.I CONSTITUTIONAL CONVENTION. SlT Lockett, Martin of Hunt, McCabe, McKinney of Denton, Mc- Lean, Morris, Murphy, Norvell, JNno-ent, Panli, Ramey, Reao^an, Rentfro, Reynolds, Robertson of Bell, Robison of Fayette, Rus- sell of Harrison, Russell of Wood, Sansoni, Scott, Spikes, Stock- dale, Wade, Whitehead, Wrio^ht— 47. Mr. Whitlield, by leave, withdrew his substitute, and offered the ibllowino- in its stead : ''Article — . '' education. " Section 1. A oenci-al diffusion of knowledge being essen- tial to the preservation of liberties of the people, it shall be the duty of the Legislature of this State to make suitable provisions for the support and maintenance of pul)lic schools. " Sec. 2. All funds, lands and other property heretofore set apart and a|)propriated, or that may hereafter be set apart and appropriated for the supi)ort of ]>ul)lic schools, all the alternate sections of land reserved by the State out of grants heretofore made or that may hereafter be made to railroads or other corpo- rations of any nature whatever, one-half of the public domain of the State, and all sums of money that may come to the State from the sale of any porti(.>n of the ^ame, shall constitute a per- petual public school fund. ''Sec. 3. And there shall beset apart, annually, not more than one-tenth of the annual revenue derivable from taxation for general purj^oses, and such ])oll-tax as may be by law levied under the provfsions of this constitution, wliich shall also consti- tute a })art of the public school fund. " Sec. L. The lands herein set apart to the public school fund shall be sold under such regulation, at such time and upon such terms as may be prescribed l)y law, and the Legislature shall not have ])0wer to grant any relief to the ])urchasers thereof. The Comptroller sliall invest the proceeds of such sale, and of those heretofore made, in the bonds of this State, if the same can be obtained, otherwise in United States bonds, and the United States bonds now belonging to said fund shall likewise be in- vested in State bonds, if the same can be obtained. "Sec. 5. The principal of all bonds or other funds, and the princii)al arising from tbe sales of lands hereinbefore set ay)art to said school fund, shall be the permanent scliool fund, and all the interest derivable therefrom, and the taxes herein provided shall be the available school fund, which shall be applied annu- ally to the support of public schools, and no law shall ever be made appropriating any part of the permanent or available 518 JOURNAL OF THE [Oa. 29, 1875. school fimd to any other purpose whatever, except as hereinafter provided. " Sec. 6. All pnblic lands which have been heretofore, or may be hereafter granted to the various counties of this State for pnblic schools, are of right the property- of said counties respec- tively to which they are granted and entitled thereto, is hereby vested in said counties, subject to the trust created in the grant. '' Sec. 7. The Legislature, as soon as practicable, shall estab- lish public free schools throughout the State, and shall ]u*o- vide by law, that the available public free school fund herein provided, shall be distributed among all the scholastic population of the State. But, until otherwise provided, the available school fund hereinbefore provided shall be distributed to the several counties of the State, according to the scholastic population — the distribution to be made by the Governor, the Comptroller. and the Treasurer, who, for this duty shall constitute a " School Board." The fund shall be distributed to the counties and ap- plied in aid of common schools in such mode as the Legislature may provide. " Sec. 8. All lands heretofore granted for the benefit of the Lunatic Asylum, the Blind Asylum, the Deaf and Dumb Asylum, and the Orphan Asylum, together with such do- nations as may have been or may hereafter l)e made to either of them, are hereby set apart to provide a perma- nent school fund for the support and maintenance and improve- ment of said asylums; but the Legislature shall have the power, whenever deemed advisable, to provide for the sale, in part or in whole, of said lands. The proceeds of said lands, when realized, together with all moneys severally donated to such asylums, or either of them, shall be invented in bondsof the State of Texas, if obtainable ; if not, in bonds of the United States, in snch man- ner as the Legislature shall provide. And the proceeds of the interest thereon shall be a several available fund for each of said asylums, and for no other purpose. "Sec. 9. Separate schools shall he j)rovide(l for the white and colored children, and impartial provision shall be made for both." Mr. Biissell, ot Harrison, offered the following amendment to section 3 : ''Sec. 3. And there si 1 all beset apart annually not less than one-fourth the general revenue of the State, and a poll tax of one dollar on all male inhabitants in this State, between the ages ot twenty one and sixty years ; and the Legislature shall provide for the levying and collecting annually of not less than one-sixth of one per cent, upon all taxable property in this State, for the Oct. 29, 1875.J CONSTITUTIONAL CONVENTION. 519 benefit and support of public free schools, for a period of not less than four months in each year." Lost by the followino^ vote : Yeas — Abner, Brady, Cline, Davis of AVharton, Erhard, Lockett, McCorniick, Mills, Mitchell, Morris, Pauli, Rentfro, Reynolds, Russell of Harrison — 14. Nays — Abernathy, Allison, Aj'iiim, Ballinger, Barnett, Blas- singame, Brown, Bruce, Burleson, Chambers, Cook of Gonzales, Cooke of San Saba, Darnell, Davis of Brazos, DeMorse, Dillard, Dohoney, Ferris, Fleming, Flournuy, Gaither, German, Graves, Hajnes, Henry of Limestone, Llenr}^ of Smith, Holt, Johnson of Collin, Juhnson of Franklin, Kilgore, Killough, Lacy, Martin of Hunt, Martin of Navarro, McCabe, McKinney of Denton, McKinney of Walker, McLean, Moore, Norvell, Nugent, Nunn, Ramey, Reagan, Robertson of Bell, Robison of Fayette, Ross, Russell of Wood, Sansom, Scott, S])ikes, Stayton, Stockdale, Wade, West, Whitehead, Whitiield, Wriglit— 5i). Mr. Dohoney oliered the following amendment: '* Sec. 9. It shall be the duty of the County Court of each county to divide the county into school districts of proper size, and, under such regulations as the Legislature may prescribe, provide for the organization ot public schools in such districts, by additi(jnal taxation or otherwise ; ^.-(/'a/'?/?^'^/, that no taxes shall be so levied in any school district, except upon a majority vote ot the qualified electors therein, and all taxes so raised shall be ap- plied exclusively to the payment of teachers in said district ; and provided^ further^ that no ad va lorerii tax so levied shall ever exceed one-quarter of one per cent. And whenever any such public school has been so organized in any school district, and provision made to keep up the same for at least four months i"n the year, and the number of scholastic population in said district is ascertained, it shall be the duty of the County Court to distribute to such district its pro- portion of the public school fund. The fund due school districts which fail to provide for public schools at least four months in the yeai" shall remain in the county treasury for the beneiit of the scholastic population to whom it belongs." Mr. Russell, of Wood, moved to close debate upon the amend- ment, and bring the Convention to a vote. On motion of Mr. Sansom, the Convention adjourned to 2:30 o'clock p. M. 520 JOURNAL OF THE \Oct. 29, 1875. EYEKING SESSKm— 2i o'clock. ConveDtioD met ; roll called ; qnornin present. Mr. Russell, of AVood, renewed his motion to close the debate upon the amendment of Mr. Dohonej, and the substitute of Mr. Whitfield, and to bring the Convention to a direct vote. Carried. Mr. Dohoney's amendmcut lost. Mr. Whitfield's sul)stitute lost by the following vote: Yeas — Abernathy, Allison, Arnim, Barnett, Blake, Blassin- game, Bruce, Cardis, Chambers, Cook of Gonzales, Cooke of San Saba, Darnell, Flournoy, Gaither, German, Graves, Henry of Limestone, Holt, Johnson of Collin, Johnson of Franklin, Killough, Lacy, Lynch, Martin of Hunt, McKinney of Denton, Nugent, Reagan, Robertson of Bell, Rol)ison of Fayette, Russell of Wood, Sansom, Scott, Spikes, Whitehead, Whitfield, AVright —36. Nays — Abner, Ballinger, Brady, Burleson, Cline, Cooley, Crawford, Davis of Brazos, Davis of Wharton, DeMorse, Doho- nej, Fen-is, Fleming, Ford, Haynes, Henry of Smitli, Lockett, Martin of Navarro, McCabe, McCormick, McKinney of Walker, McLean. Mills, Mitchell, Moore, Morris, Mur])hy, Norvell. Nunn, Pauli, Ramey, Rentfro, Reynolds, Ross, Russell of Harrison, Smith, Stay ton, AVade, Waelder, West — 40. Mr. Whitfield ofi'ered the following as a substitute for sec- tion 3 : " Sec. 3. The Legislature may provide for the levying of a tax for educational purposes. Said fund shall be annually distribu- ted for educational purposes among the several counties, ac- cording to the population in each." Mr. Waelder proposed to amend the substitute as follows: Strikeout all after the word "levying," in second line, and insert: " and (collection annually of not less than one-tentli of one per cent, on all taxalJe property in the State, and a poll tax of not more than two dollars on all male inlia])itants between the ages of twenty-one and sixty years, for tlie benefit and support of public free schools ; but, if at any time hereafter a tax of less than one-tenth of one per cent, should be sufficient to maintain an efiicient system of free public schools, the Legislature may reduce the tax accordingly." On motion of Mr. Graves, tlie debate on the pending substitute and aniendment was closed and a vote ordered. The question on Mr. Waelder's amendment was put, and the amendment lost by the following vote : Oct 30, 1875.] CONSTITUTIONx\L CONVENTION. 521 Yeas — Abner, Ballinger, Brady, Cline, Crawford, Davis of Brazos, Davis of Wharton, Dohoney, Erhard, Ferris, Fleming, Ford, Ilaynes, Henry of Smith, Lockett, Martin of Ilnnt, Mar- tin of Navarro, McCabe, McCormick, Mills, Mitchell, Moore, Morris, Nnnn, Panli, Rentfro, Reynolds, Ross, Russell of Har- rison, Smith, Wade, Waelder, West — 33. Nays — Abernathy, Allison, Arnim, Barnett, Blake, Blassin- game, Bruce, Burleson, Chambers, Cook of Gonzales, Cooke of San Saba, Darnell, DeMorse, Dillard, Flonrnoy, Gaither, Ger- man, Graves, Henry of Limestone, Holt, Johnson of Collin, Johnson of Franklin, Kilgore, Killough, Lacy, Lynch, McKin- ney of Denton, McLean, Murphy, Norvell, Nugent, Ramey, Reagan, Robertson of Bell, Robison of Fayette, Russell of Wood, Sansom, Scott, Spikes, Stavton, Stockdale, W^hitehead, Whit- field—43. The question on Mr. Whitiield's substitute for section 3 Wi>s theu put, and the substitute lost by the following vote : Yeas — Abner, Ballinger, Brady, Cline, Cook of Gonzales, Crawford, Davis of Brazos, Dillard, Erhard, Fleming, Ford, Henry of Smith, Kilgore, Lockett, Martin of Hunt, Martin of Navarro, McCabe, McCormick, Mills, Mitchell, Moore, Morris, Norvell, Pauli, Rentfro, Revnolds, Ross, Russell of Harrison, Smith, Wade, Waelder, AVest*; Whitehead, Wliitiield— 3L Nays — Abernathy, Allison, Arnim, Barnett, Blake, Blassin- game, Bruce, Burleson, Cardis, Cliambers, Cooke of San Saba, Darnell, Davis of Wharton, DeMorse, Dohoney, Ferris, Flour- noy, Gaither, German, Graves, Haynes, Henry of Limestone, Holt, Johnson of Collin, Johnson of P^ranklin, Killough, Lacy, Lynch, McLean, Murphy, Nugent, Nunn, Ramey, Reagan, Robertson of Bell, Robison of Fayette, Russell of Wood, San- som, Scott, Spikes, Staytojj, Stockdale — 42. Mr. West moved to reconsider the vote adopting Mr. Rea- gan's amendment to section 3, line 14, striking out " two" and inserting "one," as poll tax. On motion of Mr. Reagan, the Convention adjourned. FORTY-EIGHTH DAY. Hall of Representatives, | AusTn^, Texas, October 30, 1875. f Convention met pursuant to adjournment ; roll called ; quorum present. Prayer by the Rev. H. V. Philpott, of the M. E. Church, Austin. 522 JOURNAL OF THE [Oa. 30, 1875. Journal of yesterday read and adopted. On motion of Mr. Kilgore, Mr. Heurj^, of Smith, was excused for ten days. On motion of Mr. Flonrnoy, Mr. W. H. Stewart, delegate elect to fill the vacancy occasioned by the resignation of Mr. Rugely, came forward, presented his credentials, took the pre- scribed oatli and his seat as a delegate to the Convention. On motion of Mr. Cline, Mr. Morris was excused trom attend- ance on the Convention for three days. Mr. West, chairman of the Committee on General Provisions, made the following reports: Committee Room, ) Austin, October 29, ISTo. C To t/w Hon. E. B. Pid'ttt, President of the Convention : The Committee on General Provisions, to whom was referred a memorial of the Hc>n. Gnstave Cook, of Harris" county, ask- ing that certain provisions be placed in the constitution regu- lating tlie manner in which the Governor of tlie State sliall proceed in suppressing domestic violence, and prescribing his course of procedure wlien lie makes application to the Federal authorities for troops to suppress insurrection, beg leave to report that they have given tlie sul)ject matter careful consideration, and they do not deem it advisable to insert in the constitution the clauses suggested. They believe that the subject, without any constitutional injunction to that effect, w^ould be, to a con- sideral)le extent, within the control of the Legislature, and that body could, by appro])riate legislation, guard against the evils so clearly pointed out in the memorial. liespectfuUy submitted, C. S. West, Chairman. CoMMri'TEE Room, ) Austin, October 30, 1875. f 2o l/ic Hon. E. B, I^ickctt^ PrcKident of tlie Convention : The Committee on General Provisions, to whom was referred a series of resolutions providing for a clause in the constitution to limit the |)owers of ]U'ivate corporations, beg leave to re})ort that they have exauiined the subji;ct, and have instructed me to return them and recommend that they be referred to the Com- mittee on Private Corporations. Respectfully sulnnitted, C. S. West, Chairman. Report received, to come up in its order. On motion of Mr. Brown, Mr. Stewart was added to the Com- Oct 30, 1875.J CONSTITUTIONAL CONVENTION. 523 mittees on General Provisions, Education, Suffrage, and St3^1e and Arrangement. Unfinished business taken up, viz : " Article — , Public Schools." Mr. Ferris offered the following amendment as an additional section : "Sec. — . Until the available school fund, including the fund derivable froni taxation, shall appear sufficient for the main- tenance of a system of free schools, such fund may be used for the encouragement or support of public schools, which shall afford free tuition to pupils whose parents or guardians are unable to pay for tuition, in such manner and under such regu- lations as may be provided by law. ' The hour having arrived for considering the special order, viz : "Revenue and Taxation," on motion of Mr. Crawford, it was postponed until the jjending question shall have been dis- posed of Mr. Ferris also offered the following amendment to section 7 : " And in the counties where such schools exist, the available school fund to which each county is entitled sliall be apportioned to such separate schools, according to the relative scholastic pop- ulation ot white and colored children in the count^^" On motion of Mr. Scott, the main question was ordered. Mr. Ferris's amend mejits were both lost. The question recurring upon the engrossment of the article, it was carried by the following vote : Yp:as — Abernathy, Allison, Ballinger, Barnett, Blake, Brown, Burleson, Chambers, Cline, Cook of Gonzales, Cooke of San Saba, Crawford, Davis of Brazos, Dillard, Dohoney, Erhard, Ferris, Fleming, Flournoy, Gaither, German, Graves, Haynes, Henry of Limestone, Henry of Smith, Johnson of Collin, Johnson of Frank- lin, Killough, King, Lacy, Martin of Hunt, Martin of Navarro, McCormick, McKinney of Denton, McKinney of Walker, Moore, Norvell, Nugent, Nunn, Ramey, Reagan, Rentfro, Rob- ertson of Bell, Robison of Fayette, Ross, Russell of Wood, San- som, Scott, Smith, Spikes, Stewart, Waelder, West, Whitehead, Wright— 55. Nays — Abner, Arnim, Blassinganie, Brady, Bruce, Cardis, Cooley, Darnell, Davis ot Wharton, DeMorse, Ford, Holt, Kilgore, Lockett, Lynch, McLean, Mills, Mitchell, Murphy, Pauli, Reynolds, Russell, of Harrison, Stockdale, Wade, Whit- field—25. Mr. Graves moved to reconsider the vote just taken, and to lay the motion on the table. 5:4 JOURNAL OF THE \Oct 30, 1875. Carried by the following vote : Yeas — AberiiMtliy, Allison, RMlliiiger, Bariiett, Blake, Brown, Burleson, Chambers, Cook of Gonzales, Cooke of San Saba, Davis of Brazos, Dillard, Ferris, Flournoy, Gaitlier, German, Graves, Henry of Limestone, Johnson of Collin, Johnson of Franklin, Killongl), Lacy, Martin of Ilnnt, Martin of Xavarro, McCor- mick, McKinney of Denton, Moore, Norvell, Nugent, Nann, R,amey, Reagan, Robertson of Bell, Robison of Fayette, Ross, Rnssell of Wood, Sansom, Scott, Spikes, Stewart, Whitehead, Wright— L2. Nays — Abner, Arnim, Blassinganie, Brady, Bruce, Cardis, Cline, Cooley, Crawford, Darnell, Davis of Wliarton, DeMorse, Dohoney, Erhard, Fleming, Ford, llaynes. Holt, Ivilgore, King, Lockett, Lynch, McKinney of Walker, McLean, Mills, Mitchell, Murphy, Panli, Rentfro, Reynolds, Russell of Harrison, Smith, Staytoii, Stockdale, Wade, Waelder, West, Whitiield— 38. The Convention then proceeded to consider the special order, viz: *'Art. — , Revenue and Taxation," on its second reading. On nitftion of Mr. Murphy, the article was considered section by section. Mr. Gaitlier moved to recommit the article to a select commit- tee of five. Mr. Holt moved to lay the m^-'tion on the table. Both motions withdrawn, and the Convention proceeded to consider the article, section by section. Mr. Ramey proposed to amend section 1, line 6, after "furni- ture," by adding, '' belonging to each family in this." Adopted. Mr. Russell, of Harrison, offered the following amendment: Strike out all after the word '""dollars," in section 1, line 7. The question as to whether the amendment was in order hav- ing arisen, the chair submitted the same to a vtjte of the Conven-_ tion, by whicdi the amendment was declarcHl in order. Mr. McCormick ottered the following substitute for the section and amendment : " Section L Taxation shall be equal and uniform throughout the State, and all ])roperty subject to taxation in this State shall be taxed in })roi)ortion to its value, to be ascertained as shall be prescribed by law ; j[>/Y>y^2V/f/'/'', there shall be forever exempt from all taxation, household and kitchen furniture, the property of citizens of this State, not to exceed in value the sum of two hundred and fifty dollars. The Ix^irislature may also impose occupation and income taxes, upon such occupations and pur- suits that it may deem to the interest of the Stci4:e to tax; Oct. 30, 1875.] CONSTITUTIONAL CONVENTION. 52 5 provided., That the counties, cities and towns or other po- litical sub divisions of this State, nor the authorities thereof, shall in no case impose any tax upon occupations or pursuits. But the Legislature may provide by law that such o(^cupation or in- come tax collected by the State, or any portion thereof may be returned to the county for the benefit of the general county fund ; provided^ that the fund tlius returned shall always be re- turned to the county from which it was collected. [Mr. McLean in the chair.] Mr. Brown moved to adjourn to ^\ o'clock p. m. Lost. On motion of Mr. (rerman, the Convention adjourned to ^\ o'clock p. M. EYENIXG SESSION— 2i o'clock. Convention met pursuant to adjournment ; roll called; quorum present. The ''Article — , Revenue and Taxation," was taken up, the pending question being upon the amendment of Mr. Russell, of Harrison. Mr. McCormick witlidrew his substitute Mr. Stockdale then offered tlie following substitute for sec- tion 1 : "Section 1. Taxation shall be equal and uniform. All prop- erty in this State, whether owned by natural persons or corpora- tions other than municipal, shall be taxed in proportion to its value, which shall be ascertained as may be provided by law. The Legislature may impose a poll tax. It may also impose occupation taxes, Vjoth upon natural persons and upon corpora tions other than municipal doing any business in this State. It may also tax incomes of both natural persons and corporations other than municipal, except that persons engaged in mechani- cal and agricultural pursuits shall never be required to pay an occupation tax ; provided^ that two hundred and fifty dollars worth of household and kitchen furniture belonging to each family in this State shall be exempt from taxation." The substitute was adopted. Mr. McKinney, of Walker, offered the following amendment to the section : Add to section 1 the words : " Provided further, That tlie occupation tax levied by any 526 JOURNAL OF THE {Oct. 36, 1875. county, city or town, for any year, on persons or corporations ]:)iirsuino; any profession ur business, shall not exceed one-half of the tax levied by the State for the same period on such pro- fession or business." The amendment was then adopted. Mr. Moore offered the following amendment to section 2 : Strike out lines 11 and 12, except the word " the " at the end of line 12. Mr. Stockdale offered the foll(>wing amendment: Insert tlie word " occupation" before taxes in line 11. Mr. Moore then withdrew his amendment. Mr. Stockdale's amendment was adopted. Mr. Sansom offered the folhjwing amendment : Amend section 2 bj^ inserting in line 15, after tlie word " pro- fit," " school houses and their necessary furniture." On motion of Mr. Waelder, Mr. King was excused for ten days. On motion of Mr. Henry, of Smith. Mr. Nunn was excused or ten days. On motion of Mr. Mills, Mr. McCabe was excused for ten days from next Tuesday. Mr. Sansom's amendment w^as then adopted. Mr. Crawford moved to insert the w^ord " public " before " school houses," in Mr. Sansom's amendment. Mr. Wackier offered the following amendment as a substitute for Mr. Sansom's amendment just adopted : " All buildings used exclusively and owned by persons, or associations of persons, for school purposes, and the necessary furniture of all schools." Mr. Ross moved to lay the amendments on the table. A division of the question ordered. The motion to lay Mr. Waelder's amendment on the table was lost by the following vote : Yeas — Abernathy, Allison, Arnim, Ballinger, Fleming, Graves, Norvell, Nugent, Nunu, Ross, Sansom, Smith, Stock- dale, AVhitfiekl— U. ' Kays — Abner, Barnett, Blake, Blassingame, Brady, Bruce, Burleson, Oardis, Chambers, Cline, Cook of Gonzales, Cooke of San Saba, Crawford, Darnell, Davis of Brazos, DeMorse, Dil- lard, Dohoney, Erhard, Ferris, Flournoy, F'ord, Gaither, Ger- man, Haynes, Henry of Limestone, Henry of Smith, Holt, Johnson of Collin, Johnson of Franklin, Kilgore, Killough, Lacy, Lockett, Lynch, McCormick, McKinney of Denton, McKiuney of Walker,' McLean, Mills, Mitchell, Moore, Murphy, Martin Nov, I, 1875.J CONSTITUTIONAL CONVENTION. SS^ of Navarro, Martin of Hunt, Pami, Raraey, Reagan, Rentfro, Reynolds, Robertson of Bell, Robison of Fayette, Russell of Harrison, Russell of Wood, Scott, Spikes, Stavton,' Stewart, AYaelder, West, Whitehead, Wright— 62. Mr. Crawford's amendment was laid on the table. Mr. Waelder's amendment was adopted. Mr. Cline offered the following as a substitute for section 2 : "Sec. 2. The Legislature may exempt from taxation property used for worship, education, burial, halls of Turners, Masons, Odd Fellows, and similar societies ; hospitals, and all property used for purely public charity, and all public property used for public purposes ; and no other property." Lost. On motion of Mr. McCormick, the Convention adjourned to 9 o'clock A. M. Monday. FORTY-NHMTH DAY. Hall of Representatives, ) Austin, Texas, November 1, 1875. \ Convention met pursuant to adjournment ; roll called ; quorum present. Prayer by the Rev. Dr. W. H. Dodge. Journal of Saturday read and adopted. On motion of Mr. Rentfro, Mr. Cline was excused for four days, commencing from to-day. Mr. Ford presented the petition of the citizens of Hidalgo county on the subject of allowing one man to hold two otiices in counties having less than two hundred and lifty voters. Referred to Committee on General Provisions. Mr. Fleming offered the following resolution : Resolved^ That the Committee on Public Lands and Land Office be requested to consider the propriety of setting apart five million acres of the public domain for the purpose of building a State Capitol, and to report by ordinance or otherwise. Referred to Committee on Public Lands and Land Office. Mr. Norvell moved to suspend the rules and take up "Article — , on Legislative Apportionment." Lost. Unfinished business taken up, viz : "Article — , Revenue and Taxation." Mr. Allison moved to reconsider the vote taken Saturday on amending sections 1 and 2 of the article. 52S JOURNAL OF THE {Nov. i, 1875. The first question, to reconsider the substitute of Mr. Stock- dale to section 1. lost. Second question, to reconsider Mr. Russell's (of Harrison) amendment, to strike out all after the word " dollars," in line Y, section 1, lost. Third question, to reconsider Mr. ^Yaelder''s amendment ex- empting-school houses and furniture from taxation, lost. Mr. Martin, of Hunt, offered the following amendment to sec- tion 4 : " The power to tax all of the property, real and personal, of corporations shall never be surrended or suspended by act of the Legislature, but the same shall always be taxed as other property." [Mr.. McLean in the chair.] On motion of Mr. Martin, of Navarro, the amendment was laid on the table. Mr. Martin, of Xavarro, moved to strike out section tt. Mr. Crawford proposed to amend the section by striking out all after the word, " Legislature," in line 21, and insert " by any contract or grant to which the State shall be a party." Adopted. Mr. Martin, of Navarro, withdrew his motion to strike out section 4. Mr. Blassingame offered the following as an additional sec- tion : " Sec. — . All property of railroad companies of whatever description, lying or being within the limits of any city or in- corporated town within this State shall bear its proportionate share of municipal taxation ; and if any such property shall not jiave been heretofore rendered, the authorities of the city or town within which it lies shall have power to require its rendition and collect the usual municipal tax thereon, as on other property lying within said municipality." Ado])ted. Mr. Allison offered the following amendment to section 3 : " The veterans of the revolution of 1836 shall be exempt from poll tax, and shall be allowed exem))tion from taxation on two thousand dollars worth of yjroperty, under such regulations as may be ])rescribed by law." Withdrawn. Mr. Wade offered the following amendment : Section -1, line 20, after the word '' corporations," insert " cities, counties, towns, and their." The hour having arrived for considering the special order, viz: Nm). I, 1875.] CONSTITUTIONAL CONVENTION. 629 "Granting Lands to Railroads, and Article — , Public Lands and Land Office," the same was taken up. On motion of Mr. Dohoney, the s])ecial order was postponed to Saturday next, 10 o'clock, and made special order for that hour. On motion of Mr. Martin, of Navarro, Mr. Wade's amend- ment was laid on the table. Mr. Brown offered the followinp- amendment : Add to section 5 the words " except by the lirst Legislature to assemble under this constitution, which may make the neces- sary appropriations to carry on the government until the assem- blage of the Sixteenth Legislature." Adopted. Mr. McCormick offered the following substitute for section 6 : " Sec. 6. The Legislature shall pass no law borrowing, divert- ing, or seeking to divert, or change from its original purpose any money or thing of value that may, or ought to be, placed in the State Treasury to the credit of any special State fund; and shall pass such genera] laws as may be necessary to protect special county funds, raised for any purpose, from being diverted or changed from the i)urposes for which such funds were raised." Withdrawn by Mr. McCormick, and offered by Mr. Reagan, and lost. Mr. Ferris proposed to strike out of section 6, lines 26 and 27, the words *' borrow, or in any manner." Lost. Mr. Ballinger proposed to amend section 7, line 34, by striking out all alter the word "county." On motion of Mr. Dillard, debate was closed on the amend ment, and the amendment lost by the following vote : Yeas — Abner, Ballinger, Blake, Brady, Cooley, Davis of Wharton, Erhard, Ferris, Kilgore, McCormick, McLean, Nor- vell, Reagan, Rentfro, Reynolds, Russell of Harrison, Sansom, Smith, Wade, Waelder, West— 2L Nays — Abernathy, Allison, Arninj, Barnett, Blassingame, Brown, Bruce, Burleson, Cardis, Chambers, Cook of Gonzales, Cooke of San Saba, Crawford, Darnell, DeMorse, Dillard, Do- honey, Fleming, Flournoy, Ford, Gaither, German, Graves, Haynes, Henry of Limestone, Holt, Johnson of Collin, Killough, Lacy, Lockett, Lynch, McKinney of Denton, McKinney of Walker, Mitchell, Moore, Martin of Navarro, Martin of Hunt, Nugent, Nunn, Pauli, Robertson of Bell, Robison of Fayette, Ross. Russell of Wood, Scott, Spikes, Stayton, Stewart, Stock- dale,' Whitehead, Whitiield, Wright— 52. 34 530 JOURNAL OF THE [JVov. i, 1875 Mr Dohoney moved to strike out section 7. Lost by the following vote : Yeas — Abner, Ballinger, Blake, Brady, Cooke of San Saba, Cooley, Dohoney, Erhard, Norvell, Keagan, Kentfro, Keynolds, Russell of Harrison, Sansom, Smith, Waelder, West, White- head—18. ]^AYS — Aberna^hy, Allison, Arnim, Barnett, Blassingame, Brown, Brnce, Burleson, Cardis, Chambers, Cook of Gonzales, Crawford, Darnell, Davis of Brazos, Davis of Wharton, De- Morse, Dillard, Ferris, Fleming, Flournoy. Ford, Gaither, Ger man, Graves, Haynes, Henry of Limestone, Holt, Johnson of Collin, Kilgore, Killough, Lacy, Lockett, Lynch, McCormick, McKinney of Denton, McKinney of Walker, McLean, Mitchell, Moore, Murphy, Martin of Navarro, Martin of Hunt, Nugent, ]Nunn, Pauli, Robertson of Bell, Robison of Fayette, Ross, Russell of Wood, Scott, Spikes, Stayton, Stewart, Stockdale, Wade, Whitfield, Wright--57. Mr. Stayton proposed to amend section 7, line 35, by insert- ing " county " between '' and " and " tax." "Adopted. Mr. Reagan offered the following amendment to section 7 : Strike out tbe words ^''proratar and insert the words "in propor- tion to the distance such road may run through any such county." Adopted. Mr. Dohoney proposed to amend section 8, by adding " no higher rate of taxation shall ever be levied by the authorities of any county, town or city, than the rate of taxation for State pur- poses in lorce at the time, except as may be herein otherwise prescribed." Mr. DeMorse offered the following substitute for section 8, and the amendment: " Sec. 8. Ad valorem taxation for State uses shall never ex- ceed fifty cents on the one liundred dollars value of property ; nor shall general county taxation (except for the support of tiie indigent) exceed one-half of the general State tax ; provided^ that all counties shal-1 have the right to levy tax for the payment of indebtedness already accrued, and for the establishment of county poor-farms, first availing themselves of all convict labor which may be provided by this constitution." On motion of Mr. Martin, of Navarro, the substitute was laid on the table. Mr. Dohoney's amendment was adopted. On motion of Mr. Chambers, the Convention adjourned to 2^ o'clock p. M. NoiK I, 1875.J CONSTITUTIONAL CONVENTION. 531 EYEKING SESSION— 2i o'clock. Convention met pursuant to adjonrnment ; roll called ; quorum present. Pending question again resumed. Mr. Martin, of Navarro, offered the following amendment to Mr. Dohoney's amendment : Strike out all after the word " except," and insert " for the payment of debts alread)^ incurred, and for the erection of public buildings, or as in this constitution is otherwise provided." Adopted. Mr. Robertson, of Bell, offered tlie following as a substitute for the amendment : Section 8, line 41, add at end of section the words " and no county shall levy more than one-half of all State tax, except to pay past indebtness, and then not to exceed the amount of the State tax in any one year." Adopted. Mr. Murphy proposed to add in the amendment just adopted the words "city or town " after the word " county." Adopted. Mr. Ramey moved to reconsider the vote just taken. Mr. Ramey reported as follows : Committee Room, | Austin, JMovember 1, 1875. \ To the Hon. E. B. PlckM^ President of the Convention : Sir — Your Committee on Engrossed and Enrolled Ordinances beg leave to report that they have examined and compared a provision on " Immigration," and find the same correctly en- grossed. Respectfully, Wm. Neal Ramey, Chairman. Mr. Abernathy offered the following amendment to section 9 : Add to section 9 : " Except in cases of great public calamity, may extend the time." Lost. Mr. Brown offbred the following amendment : Add to section 9 : " Unless in case of great public calamity in any such county, city or town, when such release may be made by a vote of two-thirds of each house of the Legislature ; provided^ that no tax shall be laid on lands and buildings owned and used for public purposes by counties, cities or towns, nor on school lands, nor on school lands held by such counties, cities or towns for public educational purposes." Adopted. 532 JOURNAL OF THE {Noz>. i, 1875. On motion of Mr. Crawford, the proviso of the amendment just adopted was stricken out. Mr. Russell, of Harrison, moved to strike out section 9. Lost. Mr. Waelder offered the foUowiog amendment : Strike out " or property," in line 43. Adopted. Mr. Stew^art proposed to add in line 44, after State, the word " county." Adopted. Mr. Moore moved to reconsider the vote adopting Mr. Brown's amendment. Mr. Kilgore oifered the following amendment : Amend section 10 by striking out the words *' and the taxes paid," in line 46. Mr. Russell, of Wood, moved to reject tlie amendment. Carried bv the followino; vote : Yeas — Abernathy, Abner, Arnim, Barnett, Blassingame, Brady, Brown, Bruce, Burleson, Cardis, Cook of Gonzales, Cooke of San Saba, Crawford, Darnell, Davns of AVharton, Dillard, Dohoney, Ferris, Fleming, Flonrnoy, German, Graves, Haynes, Holt, Johnson of Collin, Lacy, Lynch, McKinney of Denton, McLean, Mitchell, Martin of Hunt, Nugent, Pauli, Reynolds, Ross, Russell of Harrison, Russell of Wood, Sansom, Scott, Spikes, Wade, Whitfield — 42. Nays — Ballinger, Blake, Cooley, Davis di Brazos, DeMorse, Erhard, Ford, Gaitlier, Henry of Limestone, Kilgore, Killough, Lockett, McCormick, Moore, Murphy, Martin uf Navarro, Nor- vell, Nunn, Ramey, Reagan, Robertson of Bell, Robison of Fayette, Smith, Stay ton, Stewart, Stockdale, Waelder, West, Whitehead, Wright— 80 Upon calling the roll Mr. Chambers stated that he was paired off with Mr, Cline, but for which fact he would vote "yea" ; and Mr. McKinney, of Wharton, stated tliat he was paired off with Mr. Henry, of Smith, but for which fact he would vote " yea." Mr. Rentfro stated that he was paired off with Mr. McCabe, but for whicli fact lie would vote " nay." Mr. Waelder offered the following amendment: Add after the word " situated," in line 46, tlie following : '' but non-residents of such counties may deposit tlie amount of taxes due from them with the Comptroller of the State, to the credit of the collector of the county to which such taxes are due." Mr. Fleming moved to reject the amendment. On motion of Mr. Graves, the debate was closed on the propo- NoiK 2, 1875.J CONSTITUTIONAL CONVENTION. 633 sition to reject, and the Convention brought to a direct vote, which resulted in rejectino; the amendment by the following vote: Mr. McKinney, of Walker, declined to vote for reasons above stated. Yeas — Abernathy, Abner, Arnira, Barnett, Blassingame, Brown, Brace, Burleson, Cooke of San Saba, Crawford, Darnell, Davis of Wharton, Dillard, Ferris, Fleming, Flournoy, German, Graves, Haynes, Holt, Johnson of Collin, Lacy, Lynch, McCor- mick, McKinney of Denton, McLean, Mitchell, Martin of Na- varro, Martin of Hunt, I^ugent, Pauli, Kentfro, Reynolds, Ross, Russell of Wood, Sansom, Scott, Spikes, Wade, Whitfield— 40. Xays — Allison, Ballinger, Blake, Brady, Cook of Gonzales, Cooley, Davis of Brazos, DeMorse, Dohoney, Gaither, Henry of Limestone, Kilgore, Killough, Lockett, Moore, Murphy, Nor- veil, Nunn, Ramey, Reagan, Robertson of Bell, Robison of Fay- ette, Russell of Harrison, Smith, Stavton, Stewart, Stockdale, Waelder, West, W^hitehead, Wright— 31. Mr. Darnell offered the following amendment to come in after the word '' situated," in section 10, line 46 : "But the Legis- lature may by a two-thirds vote authorize the payment of taxes of non-residents to be made at the otlice of the Comptroller of Public Accounts." ^ On motion of Mr. Fleming, the Convention adjourned to 9 o'clock A. M. to-morrow. FIFTIETH DAY. Hall of Representatives, | Austin, Texas, November 2, 1875. \ Convention met pursuant to adjournment ; roll called ; quorum present. Prayer by the Rev. W. H. Dodge, of the Baptist Church, at Austin. Journal of yesterday read and adopted. ^ On motion of Mr. Dohoney, Mr. Wright was excused indefi- nitely. On motion of Mr. Mitchell, Mr. Reynolds was excused for three days from to-day. On motion of Mr. Waelder, Mr. Cooley was added to the Committee on Judicial Apportionment, in place of Mr. King, excused. On motion of Mr. Burleson, Mr. Haynes was excused for to- day on account of sickness. 534 JOURNAL OF THE {Nov. 2, 1875. Ou motion of Mr. Fleming, Mr. McKinney, of Walker, was added to the Committee on Judicial Apportionment. Mr. Ballinger presented a memorial signed by the Mayor and Board of Aldermen of Galveston, the Chief Justice and Justices of the Peace of Galveston county, the president and officers of the Chamber of Commerce of Galveston, by the Cotton Exchange of Galveston, and over twelve hundred citizens of Galveston county, asking authority for counties and cities and towns on the coast to issue bonds and levy taxes to construct breakwaters and other improvements, and asking State aid in the same. Referred to Committee on Municipal Corporations. Mr. Ramey made the following report : CoMMiTi^EE Room, ] Austin, November 2, 1875. f To the Hon. E. B. PickeM^ President of the Convention : Sir — Your Committee on Engrossed and Enrolled Ordinances would respectfully report to your honorable body that they have carefully examined and compared "Article — , The Public Free Schools," and find the same correctly engrossed. Respectfully, Wm. Neal Ramey, Chairman. Mr. Cook, of Gonzales, reported as follows : Committee Room, ( Austin, November 2, 1875. j To the lion. E. B. Picl-itt^ President of the Convention : Your Committee on Printing and Contingent Expenses, to whom was referred resolution with regard to the inefficiency of the printers employed to do the current printing of the Conven- tion, and recommending that the contract be rescinded, have had the same under consideration and instruct me to report : That owing to the large amount of printing coming to the hands of the printers the past few days, the work was somewhat delayed, and mistakes occurred. This delay was unavoidable, and the errors only such as are likely to occur with any printers under the circumstances. The printers are now well up with their work, and your committee feel assured that the work will, in the future, be well and promptly done. Your committee can see no sufficient cause for rescinding the printing contract in the premises, and ask to be discharged from further consideration of the subject. W. D. S. Cook, Chairman. Adopted. Mr. Sansom offered the following resolution : Resolved^ That it shall be the duty of the State to provide for the custody and maintenance of indigent lunatics. Nov, 2, 1875.J CONSTITUTIONAL CONVENTION. 5S5 Referred to Committee on General Provisions. Mr. McKinney, of Denton, offered the following resolution : Resolmd^ That the Committee on General Provisions inquire into the propriety of inserting a clause in the constitution re- quiring any person who shall maliciously prosecute and indict another before a grand jury in this State, or shall, in any way corruptly procure the same, shall pay all costs and damages re- sulting from such malicious indictment, and be subject to such other penalties as may be prescribed by law. Referred to the Committee on General Provisions. Mr. Ferris offered the following resolution : Resolved,) That the following section be made a part of the constitution : " Sec. — . The Legislature may from time to time establish new counties for the convenience of the inhabitants of such new county or counties ; 2>'"ovided,, that no new county shall be estab- lished which shall reduce the county or counties, or either of them, from which it shall be taken, to a less area than nine hun- dred square miles, unless b}- consent of two-thirds of the Legis- lature ; nor shall any county be organized of less contents; jjrovided furihei% tliat all counties heretofore created are hereby declared to be legally constituted counties. Every new county, as to the right of suft'rage and representation, shall be considered as part of the count}^ or counties from which it was taken, until the next apportionment of representation thereafter; provided also, that no new county shall be laid off, when less than one hundred and seventy -five qualified jurors are at the time resident therein ; nor where the county or counties from which the new county is proposed to be taken, would thereby be reduced below that number of qualified jurors." Referred to Committee on Counties and County Lands. Mr. Mills oflered the following resolution : Resolved^ that the following shall be a section of the consti- tution : " Sec. — . The Legislature shall provide by law for the exemp- tion from garnishment of the wages of laborers for hire who are heads of families ; and may also provide such for single persons, under such limitations and regulations as may be prescribed by law." Referred to Committee on General Provisions. On motion of Mr. Russell, of Harrison, Mr. Abner was ex- cused until Thursday morning. On motion of Mr. Whitfield, Mr. Arnim was excusea for five days. 536 JOURNAL OF THE [JVov. 2, 1875. On motion of Mr. Martin, of Navarro, Mr. Abernathy was added to the Committee on Judicial Apportionment. UNFINISHED BUSINESS. "Article — , Ke venue and Taxation," again taken up. Mr. Darnell's amendment, pending on adjournment, being under consideration, Mr. Eussell, of Harrison, proposed to add to the amendment, after the words " non-residents," the words " of counties." Accepted, and the amendment as amended adopted by the following vote : Yeas — Abernathy, Allison, Ballinger, Barnett, Brady, Brown, Burleson, Cardis, Chambers, Cook of Gonzales, Cooke of San Saba, Cooley, Crawford, Darnell, Davis of Brazos, Davis of Wharton, DeMorse, Dohoney, Erhard, Ferris, Flournoy, Gaither, German, Henry of Limestone, Johnson of Collin, Kilgore, Kil- lough, Lacy, Lockett, Lynch, McCormick, McLean, Moore, Murphy, Martin of Navarro, Martin of Hunt, Norvell, Nunn, Pauli, Ramey, Reagan, Robertson of Bell, Robison of Fayette, Russell of Wood, Sansom, Scott, Sessions, Smith, Spikes, Stayton, Stewart, Wade, Waelder, West, Whitehead, Whitfield — 55.' Nays — Arnim, Blassingame, Bruce, Dillard, Fleming, Graves, Holt, Mills, Mitchell, Nugent, Ross— 11. Mr. Russel], of Harrison, on roll call, stated that he would vote yea but for having paired off with Mr. Abner. The hour having arrived, the special order was taken up, viz : Mr Johnson's (of Collin) resolution to have night sessions. Mr. Darnell moved to postpone the consideration of the reso- lution until Monday next at 10 o'clock. Carried. Pending business resumed, Mr. Moore offered the following amendment as a substitute for Sec. 8 : " Sec. 8. The State tax on property, exclusive of the tax necessary to pay the public debt, shall never exceed fifty cents on the one hundred dollars valuation, and no county, city or town shall levy more than one-half of said State tax, except for the payment of debt already incurred, and for the erection of public buildings, not to exceed fifty cents on one hundred dollars valuation, in any one year, and except as in this constitution is otherwise provided." Adopted. Mr. Russell, of Harrison, offered the following substitute for section 9 : " Sec. 9. No property liable to taxation in any county, city Nov. 2, 1875.] CONSTITUTIONAL CONVENTION. 537 or town, shall be released from the payment of taxes levied for State or county purposes, except in cases of public calamity." [Mr. Stockdale in the chair.] , Mr. Russell, of Harrison, withdrew his substitute. Mr. Waelder proposed to amend section 9, line 43, by inserting after the word " of" the words " or property in." Adopted. Mr. DeMorse offered the followino; additional section to come in after section 10 : " Sec. — . The Comptroller of the State shall prepare a list of all lands assessed or un assessed, for each separate county, and assess upon tlie portion unrendered all the present and back tax due thereon, and transmit to each collector of taxes the list pre- pared for his county, upon which list the collector shall proceed as provided by law." On motion of Mr. Fleming, the amendment was laid on the table. Mr. Stayton offered the following as a substitute for section 12: " Sv.c. 12. Laws shall be enacted by the Legislature, at the first session thereof after the adoption of this constitution, pro- viding for the speedy judicial condenmation by a proceeding in rem and sale of lands for the taxes due thereon, and the deed to the purchaser at such sale, wlien made in accordance with the decree of the court authorizing the sale to be made, shall be held to vest title in him to such lands, subject to impeachment only for such causes as would render the decree of the court directing the sale void, or for fraud upon the part of the officer selling — ol' the buyer, or of the collector of taxes ; lyrovided^ hoiveve)% that the former owner shall have the right within two years after the decree confirming the sale, to redeem the land so sold by the payment to the purchaser of the amount of money paid for the land, together with such sum as the purchaser of the land has paid as taxes thereon after his purchase, with interest on such sums from the time of payment, at the rate of twenty per cent, per annum." On motion of Mr. Pickett, the substitute was laid on the table. Mr. Waelder oftered the following substitute for section 12 : " Sec. 12, The Legislature shall, at its first session after the adoption of this constitution, provide for the sale of all lands upon which taxes remain unpaid, and for a like sale in each year ; and it shall also provide for the vesting of title in the purchaser at such sale, and for the right of redemption by the owners of land 80 sold." On motion of Mr. Fleming, laid on the table. 538 JOURNAL OF THE {Nov. 2, 1875 Mr. Stewart ofi'ered the following additional section : " Sec. — . The Legislature may authorize counties, cities and towns, by a vote of the freeholders thereof, to levy and collect a special tax for the support of public common free schools." Upon the question of the adoption of the amendment, the yeas and nays were called, and the amendment lost by the following vote : Yeas — Ballinger, Brown, Cook of Gonzales, Cooley, Crawford, Darnell, DeMorse, Dohoney, Fleming, Ford, Kilgore, Lockett, McCormick, McLean, Mitchell, Morris, Martin of IS'avaiTO, Martin of Hunt, JS^unn, Pauli, Reagan, Smith, Stewart, Waelder, West, Whitfield— 26. Nays — Abernathy, Allison, Arnim, Barnett, Blake, Blassin- o;ame, Bruce, Burleson, Chambers, Cooke of San Saba, Davis of Brazos, Dillard, Erhard, Flournoy, Gaither, German, Graves, Henry of Limestone, Holt, Johnson of Collin, Killough, Lacy, Lynch, McKinney of Denton, McKinney of Walker, Moore, Murphy, Norvell, Nugent, Robertson of Bell, Robison of Fay- ette, Ross, Russell of Harrison, Russell of Wood, Sansom, Scott, Spikes, Stay ton, Stockdale, Wade, Whitehead — 41. Mr. Brown offered the following as a substitute for sections 13 and 15 : " Sec. 13. There shall be elected in each county of the State an assessor of taxes and a collector of taxes, each of whom shall hold his office for two years, and until his successor shall be elected and qualified ; proDided.^ that in counties having less than two thousand qualified electors, the duties of collector shall be performed by the sheriff of each county respectively. In the first election provided for by this Convention the fact shall be determined by the number of qualified voters in each county. In all succeeding elections the fact shall be determined by the whole number of votes cast at the last preceding general election in each county." Mr. Ballinger called up the motion to reconsider the vote to strike out the words "condemnation and" from section 12, line 56. Carried. Mr. Sansom ofi'ered the following amendment : Strike out the words " condemnation and," and after the word "sale" insert " by levy, as in cases of personal property." Lost. Mr. Ballinger's amendment to strike out the words " condemna- tion and " was adopted. Mr. Crawford offered the following substitute for the section : NoiK 2, 1875.] CONSTITUTIONAL CONVENTION. 539 " Sec. — . Provision shall be made by the Legislature for the sale of all lands for the taxes due thereon." Mr. Murphy offered the following as a substitute for tlie substi- tute and section : " Sec. — . The Legislature shall at its first session after the adoption of this constitution provide for the manner of enforcing liens on real estate incurred for non-payment of taxes." Mr. Fleming moved to lay both substitutes on the table. A division of the question was ordered. Mr. Murphy's substitute was laid on the table. On motion of Mr. Cook, of Gonzales, the Convention adjourned to ^\ p. M., pending Mr. Crawford's substitute. EYENIIsrG SESSION— 2i o'clock. Convention met pursuant to adjournment ; roll called; quorum present. Question pending on adjournment, viz: Mr. Crawford's sub- stitute was taken up. Mr. Ballinger offered the foUowino;; as a substitute of the sec- tion and substitute : " Sec. — . The Legislature, at its first session, shall provide for the speedy and effective collection of taxes in this State, and for the sale of any property, real or personal, for the payment of all taxes of any taxpayer ; and the Legislature shall have full power to declare the effect of a tax deed in lavor of the pur- chaser; and to regulate the time and terms for the redemption of property purchased at tax sales." Mr. llussell, of Wood, moved to close debate on the amend- ment. Carried. Mr. Crawford, by leave, withdrew his substitute. Mr. Ballinger's substitute was lost. Mr. Russell, of Harrison, proposed to amend section 12, line 56, by adding after the word " land," the words " and other property." Adopted. Mr. Stewart offered the follow^ing amendment : In lines 59 and 60 strike out all between the words " held " and '' provided " and insert " to he prima facie evidence of title, and that all the prerequisites to the sale have been com- plied with." [Mr. Brown in the chair.] On motion of Mr Fleming, the main question on the amend- ment was ordered, and amendment lost. o40 JOURNAL OF THE: [JVov. 2, 1875. Mr. Ferris proposed to amend section 12 by insertinoj after the word " thereon," in line 56, the following : " upon tlie order or judgment of some court of record." Mr. Russell, of Wood, moved the previous question on the en- grossment of the article. Carried. Mr. Ferris"s amendment lost. Mr. Waelder's motion to reconsider the vote refusing to adopt Mr. German's amendment providing for the election of an assessor and collector in each organized county, was taken up and lost by the following vote : Yeas — Abernathy, Ballinger, Blake, Brady, Cooke of San Saba, Cooley, Darnell, Davis of Brazos, Davis of Wharton, Dil- lard, Dohoney, Erhard, Ferris, Ford, German, Graves, Kilgore, Lockett, Mills, Mitchell, Moore, Morris, Murphy, Nunn, Eussell of Harrison, Sansom, Waelder, West — 28. Nays — AHison, i3arnett, Blassingame, Bruce, Burleson, Chambers, Crawford, DeMorse, Fleming, Flournoy, Gaither, Holt, Johnson of Collin, Killough, Lacy, Lynch, McCormick, McKinney of Denton, McLean, Martin of Navarro, Martin of Hunt, Norvell, Nugent, Pauli, Ramey, Reagan, Robertson of Bell, Ross, Russell of Wood, Scott, Smith, Spikes, Stayton, Stewart, Stockdale, Wade, Whitehead, Whitfield — 38. Mr. Brown, by leave, withdrew his substitute. Mr. Martin, of Navarro, offered the following substitute for section 13 : " Sec. 13. There shall be elected by the qualified electors of each county, at the same time and under the same law regulating the election of State and county ofiicers, an assessor of taxes, wlio shall hold his office for two years, and until his successor is elected and qualified." Adopted. Mr. Stewart offered the following amendment : Amend section 7, lines 35 and 36, strike out the words "paid upon it," and insert " shall be paid to the Comptroller," who shall apportion the same. Lost. Mr. McCormick offered the following amendment : Add after the word " thereon," in line 68, section 14, the fol- lowing: " And all the property, both real and personal, belong- ing to any delinquent taxpayer, shall be liable to seizure and sale for the payment of all the taxes and penalties due by such delinquent, and such property may be sold for the payment of d NoiK 3, 1875.J CONSTITUTIONAL CONVENTION. 541 the taxes and penalties due by such delinquent, under such regu- lations as the Legislature ma}^ provide." Adopted. The question on the engrossment of the article was then put, and the article engrossed by the following vote : Yeas -Mr. President, Abernathy, Allison, Arnira, Barnett, Blassingame, Brown, Bruce, Burleson, Chambers, Cooke of San Saba, Darnell, Ferris, Fleming, Flournoy, German, Graves, Holt, Johnson of Collin, Killough, Lacy, Lynch, McCormick, Martin of Navarro, Martin of Hunt, Nugent, Ramey, Ross, Russell of Wood, Sansom, Scott, Spikes, Wade, Whitiield — 34. Nats — Ballinger, Blake, Brady, Cooley, Crawford, Davis of Brazos, Davis of Wharton, DeMorse, Dillard, Dohoney, Erhard, Ford, Gaither, Kilgore, Lockett, McLean, Mitchell, Moore, Mor- ris, Murphy, Norvell, Nunn, Pauli, Reagan, Robertson of Bell, Russell of Harrison, Smith, Sta3^ton, Stewart, Stockdale, Waelder, West, Wliitehead— 33. " Article — , Judicial Department," taken up. On motion of Mr. Flournoy, the Convention adjourned to 9 o'clock A. M. to-morrow. Pending — " Article — , Judicial Department." FIFTY-FIRST DAY. Hall of Representatives, Austin, Texas, November 3, 1875. Convention met pursuant to adjournment; roll called ; quorum present. Prayer by the Rev. W. H. Dodge, of the Baptist Church, at Austin. Journal of yesterday read and adopted. On motion of Mr. Murphy, Mr. Cardis was excused for four days. Mr. Fleming presented the petition of the citizens of Hamilton county, asking for a local option law\ Referred to Committee on General Provisions. Mr. Ramey oftered the following resolution : resolution wn^H regard to prisons, etc. Whereas, The barbarities and cruelties practiced on the in- mates of the penitentiary have been generally condemned ; and Whereas, the plan of scattering the convicts sent to the peni- 542 JOURNAL OF THE [JVov. 3, 1875. teiitiary promiscuously ov^er the country has produced general complaint, and shown the necessity of more prisons; and Whereas, The great number of youthful criminals demands the erection of another class of prisons ; and Whereas, The great majority of the county prisons are almost equal to the famous Cal-cutta Hole — seats of filth and disease — affording but little security to the prisoners, either by securing them from escape on the one hand, or mob violence on the other ; and Whereas, In most of the weak or frontier counties, where desperadoes most abound, the citizens are not able to erect safe and suitable prisons ; therefore, Be it resolved,, That the Committee on General Provisions be requested to consider the propriety of reporting a clause in the constitution requiring tlie Legislature to enact laws regulating the kind and manner of erecting prisons, State, district and county, requiring them to be erected in a manner to secure the prisoners from escape and mob violence on tlie one hand, and with due regard to the laws of healtli and so fortli on the other, and also laws with regard to the treatment of prisoners confined therein, imposing penalties for tlieir violation ; and in those counties in which the citizens are too poor to erect safe and suitable prisons, and where violators of the laws abound, to re- quire tlie erection of at least one safe and suitable prison in each judicial district, and in such manner as they may prescribe. Referred to Committee on General Provisions. On motion e elected by the qualified voters of the State at a general election for State or county officers ; they shall have arrived at the age of thirty years at tlie time of elec- tion ; shall hold their offices for a term of six years, and each of them shall receive an annual salary of at least three thousand five hundred dollars, which shall not be increased or diminished during his term of office. " Sec. 3. The Supreme Court shall have appellate jurisdiction only from the Court of Appeals, which shall embrace all cases determined in said court ; irrmnded^ hoineve7\ that the Supreme Court shall have and retain jurisdiction to try and determine the cases which shall remain on its dockets at the time of the oriran- ization of the Court of Appeals under tnis constitution. The Sui)reme Court, and the judges thereof shall have power to issue the writ of habeas corpus^ and, under such regulations as may be prescribed by law, the said court and the judges thereof may issue the writ of taandartiiis and such other writs as may be necessary to enforce its own jurisdictit)n. The Supreme Court shall also have power, u])on affidavits or otherwise, as by the court may be thought proper, to ascertain such matters of fact as may be necessary to the proper exercise of its jurisdiction. The Supreme Court shall sit for the transaction of business from the first Monday of October until the last Saturday of June of every year, at the capital, and at not more than two other places in the State. " Sec. 4. The Supreme Court shall appoint its own clerks, who shall give bond in such manner as may be required by-law ; shall hold their offices for two years, and shall be subject to re- 544 JOURNAL OF THE \JVov. 3, 1875. iDoval by the said court, for good cause, entered of record on the minutes of said court. Sec. 5. The Court of Appeals shall consist of a Presiding Judge and two Associate Judges, any two of whom shall con- stitute a quorum. They shall be elected by the qualified voters of the State at a general election for State or county officers ; they shall have arrived at the age of thirty years at the time of election ; shall hold their offices tor a term of six years, and each of them shall receive an annual salary of at least three thousand five hundred dollars, wliich shall not be increased or diminished during his term of office. " Sec. 6. The Court of Appeals shall have appellate jurisdiction only, which shall be co-extensive with the limits of the State. The Court of Appeals and the judges thereof shall have power to issue the writ of ludwas corpus ; and, under such regulations as may be prescribed by law, the said court and the judges thereof may issue the writ ;, Mr. Kilgore was added to Com- mittee on Judicial Apportionment. On motion of Mr. German, Mr. Dohoney was added to said committee. On motion of Mr. McCormick, Mr. Blassingame was added to the same committee. Mr. Dohoney moved to reconsider the vote taken yesterday refusing to adopt Mr. NorvelPs substitute for the article on judi- ciary pending. Unfinished business — *'Art. — , Judiciary," was taken up. [Mr. Stockdale in the chair.] Mr. Reagan's amendments being under consideration, Mr. Mc- Cormick moved to close debate on the amendments, and bring the Convention to a direct vote. On motion of Mr. E-eagan, a call of the Convention was or- dered. On motion of Mr. Mills, Mr. Brady was excused, on account of sickness. On motion of Mr. Moore, Mr. Erhard was excused. On motion of Mr. Flanagan, Mr. Russell, of Harrison, was excused for three days from to-day. The roll was then called. Absent — Messrs. Blake, Johnson of Collin, and Cook of Gon- zales. On motion of Mr. Burleson, Mr. Cook, of Gonzales, was ex- cused, on account of sickness. Mr. McCormick moved to suspend the call. Lost. The pending question went to the table temporarily? and "Art. — , Legislative Apportionment," was taken up and read a second time. 36 562 JOURNAL OF THE {Nov. 4, 1875. Mr. Martin, of Hunt, moved to dispense with the reading of the article. Lost. Mr. Allison offered the following amendments : 1. In line 6, after the word " Liberty," insert the word " Chambers." 2. In line 40 strike out the word " Montgomery," 3. In line 41 strike out the word " Montgomery," and insert the word " Waller." 4. In line 42 strike out the word " Chambers," and insert " Montgomery." 5. In line 84, after the word "Liberty," insert the word *^ Chambers." 6. In line 145 strike out the word '^ Chambers," and insert the word "Montgomery." Messrs. Johnson, of Collin, and Blake having appeared, the call was exhausted, and the Convention resumed consideration of "Article — ,• Judiciary." Mr. McCormick's motion to close debate was carried. The question on the adoption of Mr. Reagan's amendments was put and amendments adopted by the following vote ; Yeas — Abernathy, Allison, Barnett, Blassingame, Brown, Bruce, Burleson, Chambers, Cooke of San Saba, Darnell, Davis of Wharton, Flournoy, Gaithcr, German, Graves, Haynes, Henry of Limestone, Holt, Johnson of Collin, Johnson of Franklin, Killough, Lacy, Lynch, McKinney of Denton, Mills, Martin of Navarro, Ramey, Reagan, Robertson of Bell, Ross, Russell of Wood, Sansom, Scott, Sessions, Spikes, Wade, Weaver, Whitehead— 38. Nays — Abner, Ballinger, Blake, Cline, Cooley, Crawford, Davis of Brazos, DeMorse, Dillard, Dohoney, Douglas, Fer- ris, Flanagan, Fleming, Ford, Lockett, McCormick, McKinney of Walker, McLean, Mitchell, Moore, Morris, Murphy, Martin of Hunt, Norvell, Nugent, Nunn, Pauli, Robison of Fayette, Smith, Stay ton, Stewart, Stockdale, Waelder, West, Whit- field—36. Mr. Kilgore stated that he was paired oft* with Mr. Henry, of Smith, but for which fact he would vote " yea." Mr. Murphy asked to be excused from voting. The Conven- tion refused to excuse him. On motion of Mr. Sansom, the Convention adjourned to 2^ o'clock p. M. Nov. 4, 1875.] CONSTITUTIONAL CONVENTION. 663 EVENING SESSION— 2i o'clock. Convention met pursuant to adjournment ; roll called ; quorum present. " Article — , on Judiciary," again taken up. Mr. McCormick oftered the following as a substitute for sec- tion 2 of the Article : " Sec. 2. The Supreme Court shall consist of six Justices, who shall be elected by the qualified voters of this State, at a general election held for members of the Legislature. Each of said Jus- tices, at the time of his election, shall be a citizen of the United States, at least thirty years of age, and a practicing attorn ey-at- law, in this State, of at least seven years standing ; they shall hold their ofiices for a term of ... . years from the date of their election, unless sooner removed, as may be provided by law, or until their successors are qualified, and a vacancy in said court' may be filled as is now or may hereafter be provided by law. At the first session of the Supreme Court after the election there- of, the said Justices shall elect one of their own number to the ofiice of Chief Justice, who shall be the presiding justice of said court ; and said Chief Justice, at each term of said court, shall assign three of said court to the hearing and determining of the civil causes pending therein, and three of said court to the hear- ing and determining of the criminal causes pending therein, and the concurrence of all three of said court thus assigned to either branch of said court shall be necessary to the determination of any cause pending before them ; but should the Justices so as- signed fail to agree upon any cause submitted to them, in such case, the Chief Justice shall convene the court in hano for a decision of said cause, and whenever, in the opinion of three Jus- tices of said court, it is necessary or proper, in the decision of any cause, to take the opinion of the whole court, the Chief Justice shall convene the court in hanc^ and take their opinion upon the cause ; and the opinion of the majority shall be the judgment of the court. The Chief Justice shall not assign any Justice of said court, either to the civil or criminal department thereof, for more than one term in succession, without the consent of said Justice. The Justices of the Supreme Court shall each receive an annual salary of four thousand dollars, which shall be paid by the State." Lost. Mr. Whitfield oflfered the following substitute for sections 2 and 6 : " Sec, 2. The State shall be divided into five judicial depart- 564 JOURNAL OF THE {Nov. 5, 1875. ineiits, as nearly equal in population as conveniently may be. There shall be elected in each of these departments, by the qual- ified voters thereof, one Justice of the Supreme Court, and five District Judges, at elections held for members of the Legislature. Each Justice of the Supreme Court, at the time of his election, shall be a citizen of the United States, at least thirty years of age, and have been a practicing lawyer or judge of the court of record, either or both, for at least seven years in this State, and have resided two years next preceding his election in the depart- ment in which he is elected. He shall receive a salary of dollars per annum, which amount shall not be increased or diminished during his term of ofiice. The term of the Justices of the Supreme Court shall be eight years. The Justices of the Supreme Court shall select from their number from time to time, with reference to a dispatch of business, a presiding jus- tice. *' Sec. 6. Each judicial department of this State shall be di- vided into five judicial districts. One of the five judges of the District Court elected in each department shall be chosen from each of said districts. Each District Judge shall be at least twenty-five years of age, shall be a citizen of the United States, shall have been a practicing attorney ii] the courts of this State for five years, and a resident of the district from which he comes for one year ; he shall receive an annual salary of dollars, which shall not be increased or diminished during his term of ofiice. The District Court shall be held at one place in each county in the State regularly, at least twice in each year, in such manner as may be prescribed by law. The Legislature may provide by general law for the holding of special terms of the District Court, when necessary for the dispatch of business, and shall provide for the holding of the District Court when the judge thereof is absent, or is from any cause disabled or disqual- ified. The term of the District Judges shall be six years." On motion of Mr. Allison, the Convention adjourned to 9 o'clock A. M. to-morrow. FIFTY-THIRD DAY. Hall of Representatives, ) Austin, Texas, November 5, 1875. ( Convention met pursuant to adjournment ; roll called ; quorum present. Prayer by the Rev. W. H. Dodge, of the Baptist Church, at Austin. Nov. 5, 1875.J CONSTITUTIONAL CONVENTION. 535 Journal of yesterday read and adopted. On motion of Mr. Haynes, Mr. Burleson was excused until Monday morninor. On motion of Mr. Stockdale, Mr. Nunu was added to Com- mittee on Impeachment. On motion of Mr. Norvell, Mr. Henry, of Limestone, was added to Committee on Judicial Apportionment. UNFINISHED BUSINESS. "Article -^, Judicial Department," taken up. Mr. Floiirnoy offered the following substitute for the entire article : "Article — . " .judicial department. " Section 1. The judicial power of this State shall be vested in one Supreme Court, in District Courts, and in such inferior courts as the Legislature may from time to time ordain aud establish, and such jurisdiction may be vested in corporation courts as may be deemed necessary, and be directed by law. " Sec. 2. The Supreme Court shall consist of a Chief Justice and .... Associate Justices, any three of whom shall form a quorum. " Sec. 3. The Supreme Court shall have appellate jurisdiction onlv, which shall be co-extensive with the limits of the State, but in criminal cases only those of the grade of felony, and in civil cases only when the amount involved, exclusive of interest and costs, shall exceed the sum of two hundred dollars ; and in ap- peals from interlocutory judgments, with such exceptions and under such regulations as the Legislature shall make. And the Supreme Court and Judges thereof shall have power to issue the writ of haheas corpus^ and, under such regulations as may be prescribed by law, may issue writs of 'mandarmts., and such other writs as shall be necessary to enforce its own jurisdiction, and also compel a Judge of the District Court to proceed to trial and judgment in a cause. And the Supreme Court shall hold its sessions once every year, betw^een the months of October and June, inclusive, at not more than three places in the State. " Sec. 4. The Supreme Court shall appoint its own clerks, who shall hold their offices for four years, and be subject to removal by the said court for neglect of duty, misdemeanor in office, and such other causes as may be prescribed by law. " Sec. 5. The Judges of the Supreme Court shall be elected by the qualified electors of the State at a general election, and shall hold their offices for the period of six years, and shall receive a salary of not more than four thousand dollars annually. 666 JOURNAL OF THE [JVov. 5, 1875. " Sec. 6. The State shall be divided into convenient judicial districts, and for each district there shall be elected a judge, who shall reside in the same, and who shall receive as a salary not more than .... dollars annually, and who shall hold courts at one place in each county, and at least twice in each year, in such manner as may be prescribed by law, and may be required by law to hold terms of their court more than twice annually in any county, should the Legislature so direct. "Sec. 7. Salaries of Supreme or District Judges sliall not be increased or diminished during the term of office for which they may have been been elected. " Sec. 8. The Judges of the Supreme and District Courts shall be removed by the Governor, on the address of two-thirds of each house of the Legislature, for willful neglect of duty, or other reasonable cause which shall not be sufficient ground for impeach- ment ; provided, however, that the cause or causes for which such removal shall be required shall be stated at length in such ad- dress, and entered on the journals of each house ; and provided, further, that the cause or causes shall be notified to the judge so intended to be removed, and he shall be admitted to a hearing in his own defense before any vote for such address shall pass ; and in all such cases the vote shall be taken by yeas and nays, and entered on the journals of each house respectively. " Sec. 9. All Judges of the Supreme and District Courts shall, by virtue of their offices, be conservators of the peace throughout the State. The style of all writs and process shall be ' The State of Texas.' All prosecutions shall be carried on in the name and by the authority of tlie ' State of Texas,' and conclude ' against the peace and dignity of the State.' " Sec. 10. The District Court shall have original jurisdiction of all cases of felony, of all suits in behalf of the State to recover penalties, forfeitures, and escheats, ana of all cases of divorce, and of all suits, complaints and pleas whatever, without regard to any distinction between law and equity, when the matter in controversy shall be valued at or amount to two hundred dollars, exclusive of interest; and the said courts, or the judges thereof, shall have power to issue all writs necessary to enforce their own jurisdiction, and to give them a general superintendence and control over inferior jurisdictions. And in the trial of all crimi- nal cases the jury trying the same shall find and assess the amount of punishment to be inflicted or fine imposed, except in capital cases, and where the punishment or fine imposed shall be specific- ally imposed^ by law ; and shall have general supervision and power after judgment to remove, by certiorari, all causes from Nov. 5, 1875.J CONSTITUTIONAL CONVENTION. seY the Justices' Court and hear the same ^6 oiovo^ but no cause shall be removable from the Justice to the District Court until the party desiring to remove the same shall have first paid all the costs of such Justice Court, or made affidavit of inability to pay the same. And the same rule shall apply in all cases of appeal or writ of error from the District to the Supreme Court. " Sec. 11. There shall be elected in each county five Justices of the Peace (the number to be increased in any county as the County Court, under the direction of the Legislature, may pro- vide), one Sherifi', one Coroner, and a sufficient number of Con- stables, who shall hold their offices for two years. Justices of the Peace, Sherifts and Coroners shall be commissioned by the Governor. " The Sherifi* shall not be eligible for more than four years in every six. " Sec. 12. No judge shall sit in any case wherein he may be interested, or where either of the parties may be connected with him by affinity or consanguinity, within such degrees as may be prescribed by law, or where he shall have been of counsel in the cause. When the Supreme Court or any two of its members shall be thus disqualified to hear and determine any cause or causes in said court, or when no judgment can be rendered in any case or cases in said court, by reason of equal division of opinion of said judges, the same shall be certified to the Gov- ernor of the State, who shall immediately commission the requi- site number of persons, learned in the law for the trial and deter- mination of said case or cases. When judges of the District Courts are thus disqualified, the parties may, by consent, appoint a proper person to try said case ; and the judges of the said courts may exchange districts, or hold courts for each other when they may deem it expedient, and shall do so when directed by law. The disqualification of judges of inferior tribunals shall be remedied as may hereafter be by law prescribed. " Sec. 13. Inferior tribunals shall be established in each county for appointing guardians, granting titles testamentary and of administration ; for settling the accounts of executors, administrators and guardians, and for the transaction of business appertaining to estates, and for the transaction of such other business as the Legislature may provide. And the District Courts shall have original and appellate jurisdiction and general control over the said inferior tribunals, and original jurisdiction and control over executors, administrators, guardians and minors, under such regulations as may be prescribed by law. " Sec. 16. In the trial of all causes in equity in the District 568 JOURNAL OF THE \Nov. 5, 1875. Court, the plaintiff* or defendant shall, upon application made in open court, have the right of trial by jury, to be governed by the rules and regulations prescribed in trials at law. " Sec. 17. Justices of the Peace shall have original jurisdic- tion to try all misdemeanors, and all civil causes when the mat- ter (not involving the title to real estate) involved shall not ex- ceed the sum of two hundred dollars, and such other civil and criminal jurisdiction as the Legislature may provide. " Sec. 18. In all cases arising out of a contract before any inferior judicial tribunal, when the amount in controversy shall exceed ten dollars, the plaintiff" or defendant shall, upon applica- tion to the presiding officer, have the right of trial by jury. " Sec. 19. In all criminal cases before Justices of the Peace the accused shall be entitled to demand a trial by a jury of six competent jurors, and six jurors shall always be a full panel on trials in the Justices' Courts. BURGLAKY OR ROBBERY. "Sec. 20. Theft of property of the value of thirty dollars, unless accompanied by threats, shall never reach the grade of felony. " Sec. 21. It shall be the duty of the Legislature to provide, at its first session after the adoption of this constitution, for the working of convicts, sentenced to the jail, in such mode as may be prescribed by law." The substitute was received, and two hundred copies ordered printed for use of the Convention. [Mr. Brown in the chair.] Mr. Scott moved to have two hundred copies of the pending article as amended, and pending amendments, printed for use of the Convention ; and that a further consideration of the article be postponed until to-morrow morning, at 10 o'clock. Carried l)y the following vote : Yeas — Abernathy, Abner, Allison, Ballinger, Barnett, Blassin- game. Brown, Bruce, Chambers, Cline, Cooke of San Saba, Dar- nell, Davis of Brazos, DeMorse, Douglas, Ferris, Flanagan, Flem- ing, Flournoy, Ford, Gaither, Graves, llaynes, Henry of Limestone, Holt, Johnson of Collin, Killough, Lacy, Lockett, Lynch, McCor- niick, McKinney of Denton, McKinney of Walker, McLean, Mills, Moore, Morris, Martin of Navarro, Martin of Hunt, Nor- vell, Nugent, Ilamey, Reagan, Robertson of Bell, Robison of Fay- ette, Ross, Russell of Wood, Sansom, Scott, Sessions, Smith, Spikes, Stewart, Stockdale, Wade, Waelder, West, Whitehead, Whitfield— 59. Nays — Cooley, Dohonej^, Kilgore, Murphy, Nunn, Pauli — 6. NoiK 5, 1875.] CONSTITUTIONAL CONVENTION. 569 Mr. Darnell submitted the following report : Committee Room, \ Austin, JNovember 5, 1875. \ To tJie Hon. E, B. Pickett.^ President of the Convention : Sir — The undersigned, members of the Committee on General Provisions, avail themselves of the notice given yesterday by the delegate from Tarrant, to place upon the journals of the Conven- tion our objections to that clause in the report of the committee in relation to liornestead exemptions, in so far as it fails to guard the homestead against incumbrance by way of mortgage or deed of trust. The committee at one time inserted such a clause in the section, whereby no lien by w^ay of mortgage or deed of trust, except for the purchase money, material furnished or labor per- formed, could be created ; but, at its last meeting, in the absence of several members, that provision was stricken out. We hold that, after thirty years experience, the homestead ex- emption is a principle cherished by the people of Texas. We believe it to be of essential value to the State in securing an indus- trious and law-abiding population. Its origin in the constitution of 18-15, its very birth, was in the noblest sentiment of the human heart. It souo^ht, first, to encourage the struofglino: hus- band and wife to secure by honest industry a homestead, and, when secured, to protect the wife and children in their shelter, thus acquired, against the calamities of wdiatsoever kind, even the death of the husband and father. It has proven a shield to thousands and tens of thousands of widowed mothers and their children, and has in cases without number saved the fathers of families from absolute penury. The theory of the homestead ex- emption is, that no one has any right to grant credit to the head of a family on the faith of the homestead. The creditor must know that it is sacred and beyond his reach. Being forewarned, he can not complain. Besides, it is not the policy of Texas to encourage the credit system, which has periodically engulphed in disaster almost every State in the South and West. On the contrary, sound public policy, based upon demonstrated experi- ence, demands that government should rather restrict than en- courage the system of credits in the business of life. Such being the case, and the principles of homestead exemption resting on the highest principles of governmental beneficence, it follows, as a part of the life of the system, that no creditor should be allowed, or even tempted, to credit the unfortunate or failing husband on the faith of a lein, mortgage, or deed of trust on the homestead. Experience shows that in cases innumerable unfortu- nate but honorable husbands tempt their confiding wives to sign 570 JOURNAL OF THE [JVov. 5, 1875. such liens, gnaranteeing extravagant interest, and in nine cases out often disappointment and domestic ruin is the result. The essence of the exemption being an act of benelicence, we protest against its destruction in the only cases where it is a real act of protec- tion to the wife and children. Beyond all this, we hold as a primary truth 'of inestimable value, that the principle of homestead exemption is the grandest foundation yet conceived, upon which to build up in our State an industrious, independent, self-sustaining and land-holding yeo- manry, who shall forever be the great pillars of the State. We therefore recommend the adoption of the accompanying amendment to the section. N. H. Darnell, John Henry Brown, Charles DeMorse, Marion Martin, Geo. FlournoYj J. S. Mills, F. S. Stockdale, A. T. McKinney, Jonathan Russell, Wm. H. Stewart, J. F. Johnson, A majority of the Committee. Strike out the last sentence of section 49, and insert " all mortgages, deeds of trust and other liens created on the home- stead, after the adoption of this constitution, shall be null and void, except as in section — provided." On motion of Mr. Darnell, two hundred copies of the report and amendment were ordered printed. " Article — , Legislative Apportionment," taken up. The amendment offered by Mr. Allison on yesterday, adopted. Mr. Kilgore moved to consider the article section by section. Mr. Whitfield moved the previous question on the engross- ment of the article. Carried. Mr. Kilgore's motion to consider the article section by section was lost. The question on the engrossment of the article was put, and article ordered engrossed by the following vote : Yeas — Abernathy, Allison, Ballinger, 13arnett, Blake, Blassin- game. Brown, Chanibers, Cline, Cook of San Saba, Darnell, Dil- lard, Douglas, Fleming, Flournoy, Ford, Gaither, Graves, Haynes, Henry of Limestone, Holt, Johnson of Collin, Johnson of Franklin, Lacy, Lynch, McCormick, McKinney of Denton, McKinney of Walker, Moore, Morris, Murphy, Martin of Na- Nov. 5, 1875.] CONSTITUTIONAL CONVENTION. 671 varro, Norvell, Nugent, Eamey, Kobertson of Bell, Robison of Fayette, Eoss, Sansora, Scott, Sessions, Smith, Spikes, Stewart, Stockdale, Wade, Weaver, Whitehead, Whitfield— 50. Nays — Abner, Brady, Bruce, Cooley, DeMorse, Dohoney, Flan- agan, German, Kil2:ore, Lockett, McLean, Mills, Mitchell, Martin of Hunt, Pauli, Eussell of Wood, Stayton, West— 18. " Article — , Immigration," on its third and final reading, taken up. Eead third time. Mr. Stewart ofiered the following amendment : Strike out the words '' Bureau of Immigration." Mr. Dillard moved to lay the amendment on the table. Carried by the following vote : Yeas — Abernathy, Allison, Barnett, Blassingame, Bruce, Chambers, Cooke of San Saba, Darnell, Dillard, Dohoney, Doug- las, Flournoy, Gaither, German, Graves, Haynes, Holt, John- son of Collin, Johnson of Franklin, Killough, Lacy, McKinney of Denton, McLean, Mills, Murphy, Martin of Navarro, Martin of Hunt, Norvell, Nugent, Eamey, Eobertson of Bell, Eobison of Fayette, Eoss, Eussell of Wood, Sansom, Scott, Sessions, Spikes, Wade, Weaver, Whitehead — 41. Nays — Abner, Ballinger, Blake, Brady, Brown, Cline, Cooley, Davis of Wharton, DeMorse, Ferris, Flanagan, Fleming, Ford, Henry of Limestone, Kilgore, Lockett, Lynch, McCormick, McKinney of Walker, Mitchell, Moore, Morris, Nunn, Pauli, Eeagan, Smith, Stayton, Stewart, Stockdale, Waelder, West — 3i. A message was received from his Excellency, the Governor. The question then recurring on the passage of the "Article on Immigration," it was passed by the following vote : Yeas — Abernathy, Abner, Allison, Barnett, Blassingame, Bruce, Chambers, Cooke of San Saba, Crawford, Dillard, Dohony, Douglas, Ferris, Gaither, German, Graves, Haynes, Holt, Johnson of Collin, Johnson of Franklin, Kilgore, Killough, Lacy, McKinney of Denton, McLean, Murphy, Martin of Nav- arro, Martin of Hunt, Norvell, JSIugent, Eamey, Eobertson of Bell, Eobison of Fayette, Eoss, Eussell of Wood, Sansom, Scott, Sessions, Spikes, Wade, Weaver, Whitehead — 42. Nays — Ballinger, Blake, Brady, Brown, Cline, Cooley, Davis of Wharton, DeMorse, Flanagan, Fleming, Ford, Henry of Limestone, Lockett, Lynch, McCormick, McKinney of Walker, Mills, Mitchell, Moore, Morris, Nunn, Pauli, Eeagan, Smith, Stayton, Stewart, Stockdale, Waelder, West, Whitfield— 30. The article on " Eailroads," on its third reading, was then taken up. 572 JOURNAL OF THE [JVov. 5, 1875. Mr. Pickett prepared to amend section 2 by striking out all of the section down to and including the word " carriers," in line 11. Mr. Stockdale proposed to amend section 2 by inserting after " highways," in line 10, the words "to the extent provided in the constitution and the laws of this State." Mr. DeMorse offered the following amendment to section 2 : Strike out " declared public highways " and insert " declared to be subject to public use." Mr. Pickett's amendment lost by the following vote: Yeas — Abner, Allison, Barnett, Brady, Bruce, Chambers, Cline, Cooke of San Saba, Crawford, Davis of Brazos, DeMorse, Dohoney, Flanagan, Ford, Kilgore, Lockett, McLean, Mills, Mitchell, Murphy, Martin of Hunt, Norvell, Kugent, Nunn, Ramey, Sansoni, Scott, Spikes, Stayton, Stewart, Stockdale, Wade, Waelder, West, Wliitehead— 35. Nays — Abernathy, Ballinger, Blassingame, Brown, Darnell, Dillard, Douglas, Ferris, Fleming, Flournoy, Gaither, German, Graves, Haynes, Henry of Limestone, Holt, Johnson of Collin, Johnson of Franklin, Lynch, McKinney of Walker, Moore, Morris, Martin of Navarro, Pauii, Reagan, Robertson of Bell, Robison of Fayette, Ross, Russell of Wood, Sessions, Smith, Weaver, Whitfield— 33. Mr. Pickett offered the following as a substitute for both pending amendments : Amend section 2 by inserting after the word "highways," in line 10, the words " so far only as to authorize tlie State to reg- ulate and control them." Lost. Mr. Stockdale's amendment lost. The following communication from the Governor was read : Executive Office, State of Texas, ) Austin, November 5, 1875. j To the Hon. E. B. Picl'ett, President of the Convention, : SiK — I have the honor to hand you herewith a detailed state- ment made to this office by the Comptroller of Public Accounts, giving the information with reference to the public debt of the State, asked by resolution of the Honorable Convention passed on the 27th of October. Very respectfully, RiciiAKD Coke, Governor. N(yu. 5, 1875.] CONSTITUTIONAL CONVENTION. 573 COMPTEOLLEE'S EEPOET. Comptroller's Office, ) Austin, October 29, 1875. ) To His Excellency, Richard Coke, Governor : Sir : — In response to your communication of the 27th instant, enclosing a copy of a resolution passed by the honorable Con- vention, requesting certain information, I beg leave to hand you the following statements, made from data in this office. Very respectfully, Stephen H. Darden, Comptroller. 574 JOURNAL OF THE [JVov. 5, 1875. Statement showing the atiwunt^ etc., of State honds DATE OF SALE. 1871 1873 Jan 2 1871 Dec 30 30 30 1872 Jan 2 2 1871Ap'l 26 May 20 Ap'l 27 May 29 May 23 July 28 July 26 Sept. 8 Sept. 23 July 26 Dec. 21 Dec. 9 Dec. 9 NO. SOLD. 82 5 33 36 33 15 50 3 6 100 51 6 18 68 7 42 25 1 6 12 8 607 $1000 UNDER WHAT LAW ISSUED. Act May Act Aug. 5, '70 19, '71 RATE OF INTEREST. 10 per cent. 7 per ct. ffld AT WHAT PRICE SOLD. 90c. . . . 92c... 90 & hit 95c.... 95 & int 95 & int 90c. . . . 95c 90c. . . . 90c. . . . 90c. . . . 90c.... 90c. . . . 90c. . . . 90c. . . . 86c. . . . 90c. . . . 90c. . . . 90c. . . . 90c. . . . 90c. . . . TO WHOM SOLD. Schuyler, Hartly & Graham Eugene Bremond B. M. Odom Sampson&Hen'ks Raym'd & Whitis Wm. H. Sinclair Geo. S. Bowdoin Texas A.&M. Col. Rhodius & Co. Geo. S. Bowdoin S Antonio NaB'k. Texas A.&M. Col. Rhodius & Co. Winchester Re- peating Arms. Co Raym'd & Whitis Brown & Martin. Texas A.&M. Col. Raym'd & Whitis J. T. Breckenridge Recapitulation. Bonds Sold. Amount of Bonds sold. Gross am't Rec'd. Expenses. Net am't Rec'd. 607 $607,000 00 $549,170 94 $7,595 00 $541,575 94 Nov. 5, 1875.] CONSTITUTIONAL CONVENTION. »75 sold during Governor Davis's adininistration. GROSS EXPENSES NET AMOUNT OF AMOUNT RE- RECEIVED SALE CEIVED Interest and principal payable in cur. $78,432 50 a (< < ( ( < ( ( 29,757 78 <( it << << (( 34,200 00 c< c< << <( it 31,360 66 (( H (( << (( 14,250 00 It tt it tt It • 45,000 00 < I it ( < ( < 1 1 2,850 00 $6475 00 $229,375 94 Of this amount, $156,433.47 was re- ceived in State Warrants. 5,400 00 60 00 5,340 00 Interest and principal payable in gold. 90,000 00 1000 00 89,000 00 ft it it it tt 45,900 00 45,900 00 In payment for supplies furnished the frontier for defence. 5,400 00 60 00 5,340 00 16,200 00 16,200 00 In payment of claims for supplies furnished the frontier for defence. 61,200 00 61,200 00 6,300 00 6,300 00 In payment of claims for supplies furnished the frontier for defence. 36,120 00 36,120 00 For arms furnished for frontier de- fence. 22,500 00 22,500 00 In payment of claims for supplies, etc., furnished for frontier defence. 900 00 900 00 In payment of claims for supplies, etc. , furnished the frontier for defence. 5,400 00 5,400 00 10,800 00 10,800 00 In payment of claims for supplies, etc. , furnished for frontier defence. 7,200 00 7,200 00 In payment of claims for supplies, etc., furnished for frontier defence. 1549,170 94 $7595 00 $541,575 94 Note. — One hundred bonds of act of May 19, 1871, of $1000 each, and three hundred and fifty bonds of August 5, 1870, were hypothecated with Messrs. Williams & Guion, of New York, for $327,074 70. Upon the settle- ment with Messrs. Williams & Guion, by Governor Coke, these bonds were relieved, and the three hundred and fifty of act of August 5, 1870, sold — per statement of Governor Coke's sales. Of the one hundred bonds of act of May 19, 1871, twenty were sold to Messrs. Williams & Guion, in settlement, and the remaining eighty returned to the State treasury. 576 States nent showing the ainount^ etc.^ of State honds DATE OF SALE 1874— Aug. Sept. Nov. Dec. (( 1875— Jan. . March April May 1874— Aug Sept <( Oct. Nov ( < Dec ( < < i 1875— Feb March NO. SOLD. 6 500 18 150 3 50 10 300 13 4 30 10 31 5 2 150 2 10 1 « 25 1 5 22 9 20 13 5 14 1 23 5 29 2 3 5 14 2 27 24 27 50 28 178 29 50 5 75 80 20 8 30 3 5 8 14 9 3 19 21 21 1 27 5 28 30 13 30 2 10 2 18 1 18 21 7 2 9 10 21 5 22 5 29 1 4 30 24 10 24 1 () 25 30 4() 1900 UNDER WHAT LAW ISSUED. Act March 4, 1874 xlCt Dec. 2, 1871 August 5, 1870 WHEN DUE. In 30 years. In 20 years. In 40 years. AT WHAT PRICE SOLD. 85c. Flat do 85c. and 15 days int . 85c. and 23 days int. 85c. and 4^ mos. int . 85c. less 3 days int. . 85c. flat 85c. less 4 mos. int. . 90c. flat 85c. flat 90c. and 25 days int . 90c. and 60 days int . 93c. flat 92 ic. and 102 days int. 93c. flat 93c. and 112 days int. 941c. flat 95c. flat 94ic. flat 94c. flat 94+c. flat 94ic. flat 87f c. flat 85c. flat do do do do do 85c. and 15 days int. 85c. flat 85c. and 27 days int. 85c. and 58 days int. 85ic. flat 85c. and 1 month int. 85c. and 41 days int. 85c. and 9 days int. . 85c. and 49 days int. 85c. and 67 days int. 85c. and 2 mos. int . . 85c. and 81 days int. 85c. and 82 days int. 85c. and 89 days int. 90c. and 126 days int. 90c. and 146 days int. 90c, and 176 days int. 921c. and 7 pays int, 92c. flat The above bonds are all of the denomination of $1000. The rate of Rec.u'ITULATIon. — Number of bonds sold, 1800; amount of bonds sold paid in currency, $33,022 72; net amount received in currency, $1,618,114 20. Commissions* of 2 per cent, fixed by law, act of March 4, 1874, were paid soUi during Governor Coke's athmnistratlon. 577 NAME OF PURCHASER. Charles Morgan James B. Colgate James B. Colgate James B. Colgate J. M. Jones G. K. Sistare Woodward «fe Stillman Charles Morgan Charles Morgan W. A. Miller Nettur & Co Dr. James M. Miner , . J. J. Cisco & Son Ware, Murphy & Co. . W. C. Robards H. Portman G. K. Sistare Ware, Murphy & Co . . Julia C. T. Randolph. D. A. Moran John J. Cisco & Son . . C. P. Leverich A. J. Nicolay Moses Taylor A. C. Downing C. H. Mallory & Co . . John W. Lawrence . . . J. Rintoul H. Gildersleeve J. J. Hendleif J. Rintoul J. H. Watkinson H. Gildersleeve George K. Sistare J. H. Watkinson J. H. Bro wer J. H. Brower Ware, Murphy & Co. . J. H. Brower M. Kopperl Ware, Murphy & Co. . Ware, Murphy & Co. . J. H. Brower C. H. Mallory & Co . C. H. Mallory & Co . . William Brady George K. Sistare C. H. Mallory & Co. . . GROSS AMOUNT REALIZED. CURRENCY. $425,000 00 127,500 00 42,623 96 256,341 67 3,498 00 8,494 17 4,250 00 124,390 14 9,000 00 5,100 00 904 79 20,053 15 18,600 09 4,722 80 930 00 4,757 40 1,890 00 4,750 00 1,890 00 22,560 00 47,250 00 168,210 00 41,950 00 63,750 00 17,000 00 25,500 00 4,250 00 11,900 00 2,572 74 17,911 25 850 00 4,276 27 1,722 54 11,115 00 1,711 < 1,715 94 859 53 18,050 08 1,726 04 8,616 67 4.328 85 4.329 72 867 30 27,724 93 9,280 00 933 75 23,158 56 42,320 00 $1651.136 92 COMMISSIONS PAID. CURRENCY. • ^8,500 00 2,550 00 852 48 5,126 83 69 96 169 88 85 09 2,667 80 102 00 18 09 401 07 372 00 94 45 18 60 95 15 37 80 95 00 37 80 451 20 945 00 3,364 20 839 00 1,275 00 340 00 510 00 85 00 238 00 51-45 358 23 17 00 86 53 24 45 222 50 44 23 34 32 17 19 361 00 34 52 172 33 86 58 86 59 17 35 554 49 185 60 18 67 463 17 846 40 NET AMOUNT REALIZED. CURRENCY. $416,500 00 124,950 00 41,771 48 251,214 84 3,428 04 8,324 29 4,165 00 130,722 34 4,998 00 886 70 19,652 08 18,228 00 4,628 35 911 40 4,662 25 1,852 20 4,655 00 1,852 20 22,108 80 46,305 00 164,845 80 41,111 00 62,475 00 16,660 00 24,990 00 4,165 00 11,662 00 2,521 29 17,553 02 833 00 4,190 74 1,688 08 10,892 70 1,677 43 1,681 62 842 34 17,689 08 1,691 52 8,444 34 4,242 27 4,248 13 849 95 27,170 44 9,094 40 915 08 22,695 39 41,472 60 $33,022 72 $1,618,114 20 interest is 7 per cent. Principal and interest payable in gold. $1,900,000; gross amount received in currency $1,651,136 92; commissions W. L. Moody, agent for the sale of above bonds. 37 5V8 JOURNAL OF THE [Nov. 5, 1875. Dr. Richard Coke^ Governor^ in hond To amount realized as above from the sale of bonds To interest, 179 days at 3 per cent, on $15,000 deposited with. United States Trust Com- pany, of New York, subject to the decision of the arbitrators in the disagreement be- tween W. L. Moody, Financial Agent of the State of Texas, and Messrs. Williams & Guion $1,618,114 20 232 50 CURRENCY. $1,618,336 70 Nov. 5, 1875.] CONSTITUTIONAL CONVENTION. 579 account with the State of Texa^. Cr, DATE. 1874. August 15 August 29 Sept. . . 15 Sept. . . 18 October 7 October 27 October 81 Nov. . . .19 Nov. . . .30 Dec. 8, 22 1875. Januarj ' 4 January 25 Feb.... 20 Mar.. 8, 22 April 6, 24 May 11, 19 June . . ..8 Sept... .25 Sept.... 25 October 30 By amount paid into the Treasury per deposit No. 953 By amount paid into the Treasury per deposit No. 1093 By amount paid Williams & Guion per their re- ceipt By amount paid into the Treasury per deposit Nos. 22, 38 By amount paid Williams & Guion per their re- ceipt By amount paid Williams & Guion per their re ceipt By amount paid Williams & Guion per their re ceipt By amount paid Williams & Guion per their re- ceipt By amount paid Williams & Guion per their re ceipt By amount paid Williams & Guion per their re ceipt By amount paid Williams & Guion per their re ceipt By amount paid into the State Treasury per deposit No. 509 By amount paid into the State Treasury per deposit No. 608 By amount paid into the State Treasury per de posits 672, 735, 764 By amount paid into the State Treasury per de posits 845, 846, 903 By amount paid into the State Treasury per de- posits 960, 975 By amount paid into the State Treasury per de- posit 1007 By amount paid Arthur Phelps, Knowles and Ran- som, N. Y. , in matter of settlement with Wil- liams & Guion By amount paid Williams & Guion to balance their account, per their receipt By amount paid Davis and Coffin, in case of Wil- liams vs. E. J. Davis, et al By amount of express charges paid in bringing money from New York By amount paid into the State Treasury per deposit No. 98 CURRENCY. $415,000 00 127,500 00 101,645 02 298,965 63 45,815 00 36,247 19 14,258 22 5,109 66 18,531 42 18,621 26 100,000 00 27,761 67 28,000 00 52,356 95 65,241 35 11,169 45 235,111 80 1,000 00 14,334 59 512 86 1,150 00 4 63 $1,618,336 70 580. JOURNAL OF THE {Nov. 5, 1875, No money has been paid out of the State Treasury except upon a specific appropriation, or by authority of a general law, made mider the constitution, requiring the same to be paid — which is an appropriation. There are a number of special accounts created by law, and the disbursement of the funds belonging to the same, is regulated by the law creating them — for example : the amounts due the seve- ral counties, from non-residents, is required by law, when col- lected, to be paid into the State treasury. The manner of the payment of the same to the different counties is prescribed in an act approved June 15, 1870. For the payment of the interest and sinking fund on the pub- lic debt, the constitution and the laws are full and positive. (See article 11, section 23, of the constitution ; sections 4 and 7 of act August 5, 1870.) " The proper officers of the State shall cause the interest on said bonds to be paid semi-annually and promptly as the same becomes due and payable." (See sections 6 and 7 of the act of December 2, 1871 ; section 5 act of May 19, 1871 ; sections 7 and 8 act of March 1:, 1874.) These laws require an amount sufficient to meet the interest and sinking fund on State bonds, to be set aside for that purpose, and which can not be used in any other manner. The same manner of payment is prescribed for interest and sinking fund on bonds of counties and municipalities. In pur- suance of the laws requiring the payment of interest and redemp- tion of bonds, twenty bonds of the denomination of $1,000, gold,, each, of act of August 5, 1870, were redeemed by the present administration, at 81 Jc. on the dollar, in currency. The interest has been promptly paid upon all bonded debt of the State ; the result of which is that the class of bonds which were redeemed at 81Jc. on the dollar are now selling near par, and other bonds, which at the time could not be sold even at a discount of 15 per cent., are now commanding a premium. It will be observed from the statement of bonds sold during the administration of Governor Davis, that but a small amount of cash was realized, the bonds having been, for the most part, exchanged for State warrants and for claims against tlie State for supplies furnished for frontier defense. The State is offering no bonds for sale. There is yet in the hands of the State Treasurer bonds issued under an act, approved May 2, 1874, for pending State warrants, amounting to $81,300. Nov, 5, 1875.] CONSTITUTIONAL CONVENTION. 581 Statement of ten 'per cent, honds issued in lieu of State Warrants imder an act approved May 30, 1873* DATE OF ISSUE. NO. OF BONDS. TO WHOM ISSUED. 1873, Sept. 17 1 to 97 E. M. Pease. 17 98 to 117 T. J. Durant. 18 118 to 129 E. M. Pease. 20 130 to 131 E. Potoski. 22 132 to 156 John G-. Spence. Oct. 1 157 to 169 A. Dittman. 3 170 to 176 W. H. Grain. 9 177 to 190 R. Bertram. 16 191 to 209 R. P. Tendick. 20 210 to 221 P. B. Turpin. 20 222 to 216 Mrs. C. F. McClane. 28 217 J. W. Ferris. 29 218 to 251 Ira H. Evans. Nov. 1 252 to 326 E. M. Pease. 12 327 to 319 Mary M. Lane. 18 350 to 351 Forster, Ludlow & Co. 21 352 to 355 Miss Julia Avery. 21 356 to 366 Sanford Mason. 21 367 to 376 A. T. McKinney. 24 377 to 383 E. M. Pease. 26 . 381 to 386 W. H. Grain. 28.... 387 J. H. Phillips. Dec. 8 • 388 to 403 E. M. Pease. 15 404 to 417 J. K. McCrearv. 18 418 to 422 G. G. Douglass. 18 423 to 432 E. K. Lane. 20 433 to 474 E. M. Pease. 20 475 to 479 Garrie A. Pease. 31 480 to 481 J. H. Phillips. 31 482 to 505 G. S. Smith. 1874, Jan. 6 506 to 515 E. M. Pease. Total issued during the term of Governor Davis $51,500 582 JOURNAL OF THE [Nov. 5, 1875. Statement of ten per cent, hcnids issited in lieu of State Warrants^ under an act approved May 30, 1873 — Continued. DATE OF ISSUE. NO. OF BONDS. TO WHOM ISSUED. 1874, Feb. 19 1501 to 1561 E. M. Pease. 19 1562 to 1583 A. Faulkner. 1584 to 1586 C. K. Johns c% Co. 1587 to 1590 Hugh A. Haralson. 23 1591 to 1594 Eugene Eremond. 1595 to 1599 E. T. Eggleston. 24 1600 to 1606 Thomas P. Hughes. 1607 to 1608 Irving Eggleston. 25 1609 to 1628 J. H. Phillips. 1629 to 1637 L. M. Openheimer. 1638 to 1642 Eugene Bremond. March 4 1643 to 1645 A. T. McKinney. 1646 to 1650 Ed. Dougherty. 11 1651 to 1780 Raymond & Whitis. 12 1781 to 1782 Eugene Bremond. 1783 to 1787 C. R. Johns & Co. 1788 to 1789 J. W. McLaughlin. 14 1790 to 1805 Eugene Bremond. 1806 to 1812 C. R. Johns & Co. 1813 to 1817 Sampson & Hen ricks. 1818 Mary M. Lane. 23 1819 to 1820 C. R. Johns & Co. 1821 A. Faulkner. April 8 1822 E. R. Lane. 16 1823 to 1837 J. B. Walker. 1838 to 1872 Home Ins. and Banking Co. 20 1873 to 1875 E. R. Lane. May 11 1876 to 1883 Eugene Bremond. Amount issued under present administration $38,300 Amount issued under late administration 51,500 $89,800 Amount exchanged for coupon bonds under an act ap- proved May 2d, 1874 85,400 Amount outstanding $ 4,400 N(yv. 5, 1875.J CONSTITUTIONAL CONVENTION. 583 Statement of ten per cent, coupon honds issued in lieu of regis- tered honds and State warrants under an act approved May 2, 1874. $1000 bonds. DATE OF ISSUE. NO. OF BOND. TO WHOM ISSUED. September 21, 1874 1301 1302 1303 1304 1305 1306 1307 1308 1309 1310 1311 1312 1313 1314 1315 1316 1317 1318 1319 1320 1321 1322 1323 1324 1325 1326 1327 1328 1329 1330 1331 1332 1333 1334 E. M. Pease. (( a (( a (( u u u u n, u (( u (( u (( u (( (( tt ' u (( a ;( u .( a (( a (( u (( a C( t( (( u (( u (I (' (( u (( a (. (( (( u u u (( u (( a (( u 584 JOURNAL OF THE {Nov. 5, 1875, Statement of ten per cent, coupon honds issued in lieu of regis- tered honds and State warrants, under an act approved May 2, 1874— Continued. $1000 bonds. NO. OF DATE OF ISSUE. BOND. TO WHOM ISSUED. 1874- —September 21 • 1335 E. M. Pease. November 1 1336 M. Kopperl. December 7 • 1337 W. H. Grain. December 15 • 1338 J. K. McCreary. 1875- —February 4 . 1339 A. Faulkner. 4 1340 (( April 1 . . 1341 J. B. Walker. 3 1342 Canceled. 9 1343 Forster, Ludlow & Co. 22 1344 C. K. Johns & Co. 22 1345 a 22 1346 a 22 1347 u 22 •• 1348 u 23 1349 Forster, Ludlow & Co. 23 1350 u 23 1351 u 23 1352 a 23 .• 1353 a 23 1354 E. K. Lane. 23 1355 a 23 1356 a 23 .. 1357 u 23....; 1358 u 30 1359 C. R. Johns & Co. 30 1360 a 30 1361 u 30. . 1362 1363 C( 30 u May 3 1364 Forster, Ludlow & Co. 3 1365 u 3 1366 C( 3 1367 (( 3 1368 u Nov. 5, 1875.] CONSTITUTIONAL CONVENTION. 585 Statement of ten per cent, coupon honds issued in Hew of regis- tered honds and State waiTants under an act approved May 2, 1874— Continued. $1000 bonds. DATE OF ISSUE. NO. OF BOND. TO WHOM SOLD. May 6 1369 Forster, Ludlow, & Co. 6 1370 n. 6 1371 ii 6 1372 ii 6. 1373 ii 7 1374 C. R. Johns & Co. 7 1375 (( 7 1376 (( 7 1377 a 7 1378 ii 15 1379 Sampson & Ilenricks. 15 1380 ii 15 1381 ii 15 1382 ii 15 1383 C. R. Johns & Co. 15 1384 a 15 1385 a 15 1386 ii 15 1387 a 18 1388 Forster, Ludlow & Co. 18 1389 (( 18 1390 a 18 1391 a 18 1392 a 24 1393 J. P. Richardson. 25 1394 Raymond & Whitis." 25 1395 a 25 1396 (( 25 1397 (( 25 1398 a 25 1399 a 25 1400 a 25 1401 ii 25 1402 a 38 586 JOURNAL OF THE [JVov, 5, 1875. State?nent of ten jper cent, coiipou honds issued in lieu of regis- tered hmids aud State Warrants under an act approved May 2, 1874— Continued. $1000 bonds. DATE OF ISSUE. NO. OF BOiSTDsJ TO WHOM ISSUED. May 25 1403 Haymond & Whitis 27 1404 ' (( 27 1405 (( June 28 1406 Sampson & Hen ricks. 7 1407 Forster, Ludlow & Co. : 7 ; 1408 ii, 7 1409 ' a 7 , 1410 ' a 7 1411 u 10 1412 i. 10.....: 1413 ' u 10 1414 u 10 1415 u. 10 1516 u 12 1417 Duval Beal 12 1518 u 12 1419 a 12 1420 u 12 1421 a 12 1422 a 12 1423 • .i 12 1424 a 12 1425 Forster, Ludlow ''& Co. 15 1426 u 15 1427 u 15 1428 u 15 1429 u_ 15 1430 ' a 19 1431 First National Bank Austin. 21 1432 C. R. Johns & Co. 21 1433 u 21....-^ 1434 ' u 21 1435 it 21 1436 u Nov. 5,, 1875.J CONSTITUTIONAL CONVENTION. 587 r Statement of ten per cent, coupfm, hond^ issiced in lieu of regis- tered honds and State warranU muler an act approved May 2, 1874.— Continued. $1000 Bonds. DATE OF ISSUE. NO. OF BOND. TO WHOM ISSUED. 1874, June. 22 1437 Raymond & Whitis. 22 1438 Forster, Ludlow & Co. 22 1439 a u 22 1440 a (( 22 1441 (< ^( 22 1442 (( (( 22 1443 (( k( 22 1444 U (( 22 1445 U (( 22 1446 U <( 22 1447 U (( 23 1448 C. R Johns & Co. 23 1449 (( (( 23 1450 a (( 23 1451 U (i 23 > 1452 proved May 2, 1874.— Continued. $100 Bonds. DATE OF ISSUE. NO. OF BOND. TO WHOM ISSUED. 1875. Sept. 21 120 C. R. Johns & Co. 21 121 (( u 21 122 a u 21 123 u u 21 124 a a 21 .... 125 u u 21 126 u a 21 127 U ti 21 128 w; u 21 129 u (i 21 130 u u 21 131 U it 21 132 u u 21 133 U ii 21 134 u 4( 21 135 ii " 21 I06 u u 21 137 U 'i 21 138 u '' 21 139 U 4' 24 140 E. W. Shauds. 24 l^rl u u 24 142 u U 24 14C u a 24 144 a u 24 14:; u u 24 146 ii u Oct. 4 147 Forster, Ludlow & Co. 4 148 4.... 149 4 150 4 151 4 152 4 153 4 154 4 155 4 156 604 JOURNAL OF THE [JVov. 5, 1875. Statement of ten jper cent, coupon honds issued in lieu of regis- tered hands and State warrants., under an act ai)iyroved May 2, 1874— Concluded. $100 Bonds. DATE OF ISSSUE. NO. BOND. TO WHOM ISSUED. 1875 Oct. 4 157 158 159 160 161 162 163 164 165 166 167 168 169 170 171 172 173 174 175 177 177 178 179 180 181 182 183 184 185 186 187 Forste . W. H r, Ludlow & Co. 4 4 4 a b4 4 Cc 4 (( 4 u 4 u 4 u 4 (( 4 u 4 4 u 4 4 4 a 4 4 4 11 u u 4 u 4 4 (I 4 a 4 4 (I 4 ll 4 u 4 4 4 a a 1875 Oct. 9 . Crain. RECAPITULATION. 250 $1000 bonds, less one cancelled $249,000 00 300 $500 bonds 150,000 00 187 $100 bonds 18,700 00 Total ten per cent, coupon bonds issued $417,700 00 Total ten per cent, registered bonds outstanding 4,400 00 Total funding bonds outstanding $422,100 00 Andrew J. Dokn, Treasurer. Nov. 4, 1875.] CONSTITUTIONAL CONVENTION. 605 On motion of Mr. Stockdale, five hundred copies were ordered printed. Mr. German moved to reconsider the vote refusing to adopt Mr. Pickett's second amendment to section 2. Mr. DeMorse's amendment lost by the following vote : Yeas — Abernathy, DeMorse, McGormick, Ramey,Weaver — 5. Nays — Abner, Ballinger, Barnett, Blassingame, Brown, Bruce, Chambers, Cline, Cooke of San Saba, Crawford, Darnell, Davis, of Brazos, Davis of Wharton, Dillard, Dohoney, Douglas, Ferris, Flanagan, Fleming, Flournoy, Ford, Gaither, German, Graves, Haynes, Henry of Limestone, Holt, Johnson of Collin, Johnson of Franklin, Kilgore, Killough, Lacy, Lockett, McKinney of Denton, McKinney of Walker, McLean, Mills, Mitchell, Moore, Morris, Martin of Navarro, Martin of Hunt, Norvell, Nugent, Pauli, Reagan, Robertson of Bell, Robison of Fayette, Russell of Wood, Scott, Sansom, Smith, Spikes, Stayton, Stewart, Stockdale, Wade, Waelder, West, Whitehead, Whitfield— 61. Mr. Stockdale ofiered the following amendment : Amend by striking out in section 14 the words, "from time to time pass laws establishing," and insert the following : "In the laws creating railway companies or authorizing the construction of railways prescribe." On motion of Mr. Sansom the Convention adjourned to 2^ o'clock P.M. EVENING SESSION— 2i o'clock. Convention met; roll called; quorum present. Pending question on adjournment resumed. Mr. Stockdale's amendment to section 2, line 14, taken up and lost. Mr. German called up his motion to reconsider the vote refus- ing to adopt the second amendment ofiered this morning by Mr. Pickett to section 2. And the amendment was lost by the following YoiQ^ it requiring a two-third vote to amend : Yeas — Abernathy, Abner, Allison, Barnett, Blassingame, Brown, Bruce, Chatnbers, Cooke of San Saba, Darnell, DeMorse, Dillard, Douglas, Ferris, Fleming, Flournoy, German, Graves, Henry of Limestone, Holt, Johnson of Collin, Killough, Lacy, McKinney, of Denton, McLean, Murphy, Martin of Navarro, Martin of Hunt, Norvell, Ramey, Russell of Wood, Scott, Sessions Spikes, Stewart, Wade, Whitehead — 37. NAYS--Ballinger, Brady, Cline, Cooley, Davis of Brazos, Davis of Wharton, Dohoney, Flanagan, Gaither, Haynes, Kilgore, Lockett, 606 JOURNAL OF THE {Nov. 5, 1875. McKinney of Walker, Mills, Moore, Morris, JSTugent, Nunn, Pauli, Reagan, Eobertson of Bell, Robison of Fayette, Sansom, Smith, Stayton, West, Whitfield— 27. Mr. Martin, of Navarro, offered the following amendment: Section 1, line 4, strike out after the word '' State," and insert " and every railroad in this State shall receive and transport the passengers, tonnage and cars, loaded or empty, without delay or discrimination, of every other railroad connected with it, directly or through other railroad or railroads, for reasonable compensa- tion, to be ascertained by agreement of said railroad companies, or in manner provided by law." Lost by the following vote : Yeas — Abernathy, Ballinger, Blassingame, Brown, Bruce, Crawford, Darnell, Davis of Wharton, DeMorse, Dillard, Doho- ney, Douglas, Ferris, Flanagan, Fleming, Flournoy, Gaither, German, Graves, Haynes, Henry of Limestone, Johnson of Collin, Johnson of Franklin, Kilgore, Killough, Lynch, McKin- ney of Walker, McLean, Murphy, Martin of Navarro, Martin of Hunt, Nugent, Nunn, Ramey, Robison of Fayette, Ross, Russell of Wood, Sessions, Stayton, Stewart, Stockdale, Wade — 42. Nays — Abner, Allison, Barnett, Brady, Chambers, Cline, Cooke of San Saba, Cooley, Davis of Brazos, Holt, Lacy, McCor- mick. Mills, Mitchell, Moore, Norvell, Panli, Reagan, Robertson of Bell, Sansom, Smith, Spikes, Waelder, West, Whitehead, Whitfield— 26. Mr. Abernathy moved the previous question on the final passage of the article. Carried by the following vote : Yeas — Abernathy, Allison, Barnett, Blassingame, Bruce, Chambers, Cooke of San Saba, Crawford, Davis of Brazos, DeMorse, Dillard, Douglas, Fleming, Flournoy, Gaither, Ger- man, Graves, Haynes, Henry of Limestone, Holt, Johnson of Collin, Johnson of Franklin, Killough, Lacy, Lynch, Moore, Murphy, Martin of Navarro, Norvell, Nugent, Ramey, Reagan, Robertson of Bell, Robison of Fayette, Ross, Russell of Wood, Sansom, Scott, Sessions, Smith, S}nkes, Wade, Whitehead, Whitfield— 44. Nays— Abner, Ballinger, Brady, Brown, Cline, Cooley, Dar- nell, Davis of Wharton, Dohoney, Ferris, Flanagan, Kilgore, Lockett, McCormick, McKinney of Walker, McLean, Mills, Mitchell, Martin of Hunt, Nunn, Pauli, Stewart, Stockdale, Waelder, West, Whitfield— 24. The question being the final passage of the article, it passed by the following vote : Nov. 6, 1875.J CONSTITUTIONAL CONVENTION. 607 YEAs — Abernathy, Allison, Barnett, Blassingame, Brown, Brnce, Chambers, Cooke of San Saba, Crawford, Darnell, Davis of Brazos, DeMorse, Dillard, Dohonej, Douglas, Ferris, Flem- ing, Flournoy, Gaither, German, Graves, Haynes, Henry of Limestone, Holt, Johnson of Collin, Johnson of Franklin, Kil- gore, Killough, Lacy, Lynch, McCormick, McKinney of Walker, McLean, Moore, Martin of Navarro, Martin of Hunt, Nor veil, Nugent, Nunn, Ramey, Reagan, Robertson of Bell, Robison of Fayette, Ross, Russell of Wood, Scott, Sessions, Smith, Spikes, Stewart, Whitehead — 51. Nays — Abner, Ballinger, Brady, Cline, Cooley, Davis of Whar- ton, Flanagan, Lockett, Mills, Mitchell, Murphy, Pauli, Sansom, Stayton, Stockdale, Waelder, West, Whitfield— 18. On motion of Mr. Flournoy, the Convention adjourned until 9 o'clock A. M. to-morrow. FIFTY-FOURTH DAY. Hall of Representatives, ) Austin, Texas, November 6, 1875. \ Convention met pursuant to adjournment ; roll called ; quorum present. Prayer by the Rev. Dr. W. H. Dodge, of the Baptist Church at Austin. Journal of yesterday read and adopted. On motion of Mr. Cook, of Gonzales, Mr. West was excused for to-day. On motion of Mr. Stayton, Mr. Lynch was granted indefinite leave from Monday next. Mr. Darnell offered the following resolution : Whereas, The Texas and Pacific Railway Company, a corpora- tion, chartered by the Congress of the United States, has received certain grants from this State, and has acquired by purchase from or through the Southern Pacific Railroad Company, and the Southern Trans-Continental Railway Company, certain grants, property, rights and franchises, subject to certain legislative limita- tions and restrictions, as to the commencement and prosecution of the work, and as to the time of its completion to certain points in the State ; and. Whereas, After completing 265 miles of new road, and grad- ing, bridging and tieing, ready for the iron rails, 118 additional miles of roadway, the financial panic of 1873, and the distrust and embarrassment that followed, paralyzing every industrial and commercial enterprise, has forced a temporary suspension of the Nov. 6, 1875. J CONSTITUTIONAL CONVENTION. 608 work of construction, thereby occasioning a heavy loss to the com- pany from causes against which it was powerless to protect itself ; therefor, Resolved^ That none of the legislative grants made to or ac- quired by said company, in respect to the commencement and prosecution of the work, or as to the date of completion of any portion of its lines in Texas, shall be held to have lapsed ; and that the said company shall have eighteen months from the passage of this ordinance, in which to complete 120 miles of its lines between Eagle Ford and Forth Worth, and between Brook- ston and Texarkana ; and seven addition years in which to com- plete 695 miles additional of its road, upon the route as heretofore designated by legislative authority to the Rio Grande, at or near El Paso ; this extension to be in lieu of the restrictions and limita- tions of time, and manner of prosecuting the work, heretofore fixed by legislative authority. Mr. Darnell moved to refer the resolution to a select committee of fifteen. Mr. German moved to refer it to the Committee on Railroad Corporations. Lost, and the resolution referred to a select com- mittee of fifteen. Mr. Barnett offered the following resolution : Resolved^ That this Convention adjourn sine die at 12 o'clock, Monday, 22d instant. Adopted. Mr. Murphy moved to reconsider the vote adopting the reso- lution. Mr. Ramey reported as follows : Committee Room, ) Austin, Texas, November 5, 1875. ) To the Hon. E. B. Pickett^ President of the Convention : Sir — Your Committee on Engrossed and Enrolled Ordinances would respectfully report to your honorable body that they have carefully examined and compared "Article — , Taxation and Revenue," and find the same correctly engrossed. Respectfullv, Wm. Neal Ramey, Chairman. On motion of Mr. Fleming, two hundred copies of the article were ordered printed. " Article — , Public Free Schools," taken up and read third time. Mr. German offered the following amendment : Amend section 4 by striking out lines 17, 18 and 19, down to the word "law," and insert "the lands herein set apart to the Nov, 6,1^']^.] CONSTITUTIONAL CONVENTION. 609 public free school fund, which are located in any county now organized, and whenever any new county may be organized, shall be placed upon the market and sold under such regulations and on such terms as may be prescribed by law. Mr. Russell, of Wood, proposed to amend the amendment as follows : " Provided said lands shall not be disposed of at a less price than one dollar per acre." Adopted. Amendment as amended lost by the following vote. Yeas — Barnett, Blassingame, Brown, Brnce, Chambers, Cooke of San Saba, Flournoy, German, Henry of Limestone, Johnson of Collin, Johnson of Franklin, Lynch, Kugent, Russell of Wood, Spikes — 15. Kays — Abernathy, Abner, Allison, Ballinger, Brady, Cline, Crawford, Darnell, Davis of Brazos, Davis of Wharton, DeMorse, Dillard, Dohoney, Douglas, Flanagan, Fleming, Ford, Gaither, Graves, Haynes, Holt, Kilgore, Killough, Lacy, Lockett, McOor- mick, McKinney of Denton, McKinney of Walker, McLean, Mills, Mitchell, Moore, Morris, Murphy, Martin of Hunt, Nor- vell, Nunn, Pauli, Ramey, Reagan, Rentfro, Reynolds, Rob- ertson of Bell, Robison of Fayette, Ross, Scott, Sessions, Smith, Stayton, Stewart, Stockdale, Wade, Waelder, Whitehead — 55. Mr. Haynes offered the following amendments : In line 13, section 3, strike out the word " more " and insert " less." In line 14 strike out the word " one " and insert '' two." Mr. Moore asked for a division of the question. Mr. Scott moved to lay the first amendment on the table. Carried by the following vote : Yeas — Allison, Barnett, Blassingame, Brown, Bruce, Cham- bers, Cooke of San Saba, DeMorse, Dillard, Dohoney, Douglas, Ferris, Flournoy, Gaither, German, Graves, Henry of Lime- stone, Holt, Kilgore, Killough, Lacy, Lynch, McKinney of Den- ton, McLean, Moore, Murphy, Martin of Navarro, Nor veil, Nugent, Ramey, Reagan, Robertson of Bell, Robison of Fayette, Russell of Wood, Sansom, Scott, Sessions, Spikes, Stayton, Stock- dale, Whitehead — 41. Nays — Abner, Ballinger, Brady, Cline, Cooley, Crawford, Darnell, Davis of Brazos, Davis of Wharton, Flanagan, Flem- ings Ford, Haynes, Johnson of Franklin, Lockett, McCormick, McKinney of Walker, Mills, Mitchell, Morris, Martin of Hunt, Nunn, Pauli, Rentfro, Reynolds, Ross, Smith, Stewart, Wade, Waelder, Whitfield— 31. 40 610 JOURNAL OF THE [JVcw, 6, 1875. The hour having arrived for considering the special order, the same was taken up, viz : "Section — , Granting Lands to Rail- roads," and "Article — , Public Lands and Land Office." On motion of Mr. Darnell, the special order was postponed until the pending business is disposed of. "Article — , Judiciary," was then taken up as the special order for this hour, and on motion of Mr. Dohoney was postponed to 10 o'clock Monday. The Convention resumed the consideration of the article on public free schools. Mr. Kilgore offered the following amendment to Mr. Haynes' second amendment : Amend the amendment by inserting before the word " two " the words "not to exceed." Mr. Whitfield moved to lay both amendments on the table. Carried by the following vote: Yeas — Abernathy, Allison, Barnett, Blassingame, Brown, Bruce, Chambers, Cooley, Darnell, Ferris, Fleming, Flournoy, Gaither, German, Graves, Henry of Limestone, Holt, Johnsoa of Franklin, Killou2;h, Lacy, Lynch, McCormick, McKinney of Denton, McLean, Murphy, Martin of Navarro, Nugent, Bamey, Reagan, Robertson of Bell, Robison of Fayette, Ross, Russell of Wood, Sansom, Scott, Sessions, Spikes, Stockd ale, Whitehead, Whitfield— 40. Nays — Abner, Ballinger, Brady, Cline, Cooke of San Saba, Crawford, Davis of Brazos, Davis of Wharton, DeMorse, Do- honey, Douglas, Flanagan, Ford, Haynes, Kilgore, Lockett, McKinney of Walker, Mills, Mitchell, Moore, Morris, Martin of Hunt, Korvell, Nunn, Pauli, Rentfro, R<3ynolds, Smith, Sta3^ton, Stewart, Wade, Waelder— 32. Mr. Wade offered the following amendment : " The Legislature shall have power to levy an ad valorem tax upon all property in this State of not less than one-tenth nor more than one-fourth of one per cent., and a poll tax of one dollar on all male citizens between the ages of twenty-one and sixty years." Mr. Scott moved the previous question on the passage of the article. On motion of Mr. Kilgore a call of the Convention was or- dered. Absent — Messrs. Blake, Johnson of Collin, and Weaver. On motion, of Mr. McKinney, of Denton, Mr. Johnson, of Collin, was excused. On motion of Mr. Ramey, Mr. Blake was excused. JVbv.SyiS'jS'] CONSTITUTIONAL CONVENTION. 611 On motion of Mr. Ilaynes, Mr. Weaver was excused. Mr. Scott, by leave, withdrew his motion for the previous question. Mr. German oifered the following amendment : Amend section 4, line 18, by inserting the word " such " be- fore the word " regulations. Mr. Wade's amendment lost by the following vote : Yeas — Ballinger, Brady, Cliue, Cooley, Crawford, Davis of Wharton, Flanagan, Fleming, Ford, Haynes, Johnson of Frank- lin, Kilgore, Lockett, McCormick, McKinney of Walker, Mills, Mitchell, Morris, Martin of Hunt, Nunn, Pauli, Rentfro, Rey- nolds, Koss, Smith, Stewart, Wade, Whitfield — 28. Nays — Abernathy, Allison, Barnett, Blassingame, Brown, Bruce, Chambers, Cooke of San Saba, Darnell, Davis of Brazos, DeMorse, Dillard, Douglas, Ferris, Flournoy, Gaither, German, Graves, Henry of Limestone, Holt, Killough, Lacy, Lynch, McKinney of Denton, McLean, Moore, Murphy, Martin of Navarro, Norvell, Nugent, Barney, Beagan, Bobertson of Bell, Bobison of Fayette, Bussell of Wood, Sansom, Scott, Sessions, Spikes, Stay ton, Stockdale, Whitehead — 42. Mr. German's amendment adopted. Mr. McCormick offered the following amendment : Amend by adding the following after the word " annually," in line 54, section 6 : " And said bonds shall be deposited with the State Treasurer for safe keeping, subject only to the order of the proper authorities." Lost. Mr. Brown offered the following amendment : Amend section 4, line 20, by inserting after the word "thereof " the words ''provided, that actual settlers on said lands shall have the same prior right of purchase, as is provided in section 6 of this article in relation to actual settlers on county school lands." [Mr. Beagan in the chair.] The question on Mr. Brown's amendment was put, and adopted by the following vote : Yeas — Abernathy, Allison, Barnett, Blassingame, Brown, Bruce, Chambers, Cooke of San Saba, Crawford, Darnell, Davis of Brazos^ DeMorse, Dillard^ Douglas, Ferris, Fleming, Flour- noy, Ford, Gaither, German, Graves, Haynes, Henry of Lime- stone, Holt, Kilgore, Killough, Lacy, Lynch, McCormick, McKinney of Denton, McLean, Moore, Morris, Murphy, Martin of Navarro, Martin of Hunt, Nugent, Beagan, Robertson of Bell, Robison of Fayette, Ross, Russell of Wood, Sansom, Scott, Sessions, Smith, Stewart, Stockdale, Whitfield — 49. 612 JOURNAL OF THE \Nov, 6, 1875. ISTats — Ballinger, Brady, Cline, Cooley, Davis of Wharton, Dohonej, Flanagan, Lockett, McKinney of Walker, Mills, Mitchell, Norvell, Nnnn, Pauli, Rentlro, Spikes, Stayton, Waelder, Whitehead— 19. Mr. Kilgore proposed to amend section 5, line 35, by inserting after the word " school " the following ; " But the Legislature may provide for the instruction of the scholastic population in private schools not sectarian, where public schools can not be or- ganized." Lost by the following vote : Yeas — Abernathy, Allison, Barnett, Blassingame, Brown, Bruce, Chambers, Cooke of San Saba, Darnell, Dillard, Do- honey, Douglas, Fleming, Flournoy, Gaither, German, Graves, Haynes, Henry of Limestone, Holt, Kilgore, Killough, Lacy, Lynch, McCormick, McKinney of Denton, McKinney of Walker, Murphy, Martin of JN'avarro, Martin of Hunt, Reagan, Rob- ertson of Bell, Robison of Fayette, Ross, Russell of Wood, San- som, Scott, Sessions, Spikes, Stewart, Stockdale, Whitehead, Whitfield— 43. JSTays — Ballinger, Brady, Cline, Cooley, Crawford, Davis of Brazos, Davis of Wharton, DeMorse, Ferris, Flanagan, Ford, Lockett, McLean, Mills, Mitchell, Moore, Morris, Norvell, Nu- gent, Nunn, Bauii, Ramey, Rentfro, Smith, Stayton, Wade, Waelder— 27. Mr. Martin, of Hunt, offered the following amendment : Sec. 2. Amend by striking out in line 10 the words "one- half," and insert the word " all." Mr. Stayton offered the following as a substitute for the amendment: Amend section 2 by striking out the words " one-half of the public domain of the State," in line 10. Mr. Kilgore moved to lay the amendment and substitute on the table. A division on the question was ordered, when Mr. Stayton's substitute was tabled by the following vote : Yeas — Abernathy, Abner, Allison, Ballinger, Barnett, Blas- singame, Brown, Bruce, Chambers, Cline, Cooke of San Saba, Darnell, Davis of Brazos, Dohoney, Douglas, Ferris, Flournoy, Gaither, German, Graves, Henry of Limestone, Holt, Kilgore, Killough, Lacy, McCormick, McKinney of Denton, McKinney of Walker, McLean, Mills, Mitchell, Moore, Martin of Navarro, Martin of Hunt, Nugent, Nunn, Ramey, Rentfro, Reynolds, Robertson of Bell, Russell of Wood, Scott, Sessions, Spikes, Stewart, Wade, Whitfield— 47. N(W. 6, 1875.] CONSTITUTIONAL CONVENTION. 613 Nays — Brady, Cooley, Crawford, Davis of Wharton, De- Morse, Dillard, Flanagan, Fleming, Ford, Lockett, Lynch, Morris, Murphy, Norvell, Pauli, Reagan, Robison of Fayette, Stayton, Stockdale, Waelder, Whitehead — 21. The question then recurring upon laying Mr. Martin's (of Hunt,) amendment on the table, the same was put, and amend- ment tabled by the following vote : Yeas — Abernathy, Abner, Allison, Ballinger, Barnett, Brady, Brown, Cline, Cooke of San Saba, Cooley, Darnell, Davis of Brazos, Davis of Wharton, DeMorse, Dillard, Dolioney, Doug- las, Ferris, Flanagan, Fleming, Ford, Gaither, Graves, Haynes, Henry of Limestone, Holt, Kilgore, Killongh, Lockett, Lynch, McCormick, McKinney of Walker, McLean, Mitchell, Morris, Murphy, Martin of Navarro, Norvell, Nnnn, Panli, Ramey, Reagan, Rentfro, Reynolds, Robertson of Bell, Robison ot Fa- yette, Scott, Sessions, Smith, Spikes, Stayton, Stewart, Stockdale, Wade, Waelder, Whitehead, Whitfield— 57. Nays — Blassingame, Crawford, German, Lacy, McKinney of Denton, Mills, Martin of Hunt, Russell of Wood— 8. Mr. Bruce stated that he was paired off with Mr. Nugent, but for which fact he would have voted against laying the amend- ment on the table. Mr. Moore stated that he would vote " yea," but was paired off with Mr. Arnim. Mr. Kilgore moved to adjourn to 2^ p. m. Lost. Mr. Kilgore offered the following amendment : Amend section 5 by striking out the word " manner," line 38, and inserting the words " to the education of such population, in public or private schools, in such manner and under such regula tions." Mr. Dillard moved the previous question. Mr. Flanagan moved a call of the Convention. Call ordered. Mr. Kilgore moved to adjourn till 2^ o'clock. Lost. Absentees — Messrs. Davis of Wharton, Johnson of Franklin, Sansom. Mr. Stewart moved to excuse the absentees. Mr. Stockdale made the point of order that no member could ask that another be excused without it being at the request of the absent member. Point sustained. Mr. Ballinger moved to adjourn to 2|^ o'clock. Lost. 614 JOURNAL OF THE {Nov. 6, 1875. Mr. McCormick moved to suspend the call. Lost. Mr. Ferris moved to adjourn to ^\ o'clock p. m. Ruled out of order. • \ The chair submitted to the Convention the question as to whether or not they would take up the special order for the hour. The Convention refused to take up the special order. Mr. Flournoy moved to suspend the call. Lost. Mr. McCormick moved to excuse absent members. The chair ruled the motion out of order ; that delegates could not be excused without their request. ^ Mr. McLean appealed from the decision of the chair. ^ Mr. Flanagan moved a call of the Convention upon the appeal. The chair ruled that the call upon the appeal was out of order. The question upon Mr. McLean's appeal was then put, and the Convention sustained the chair by the following vote : Yeas — Abernathy, Abner, Allison, Ballinger, Barnett, Blas- singame, Brady, Brown, Bruce, Chambers, Cline, Cooke of San Saba, Cooley, Crawford, Darnell, Davis of Brazos, Davis of Wharton, DeMorse, Dohoney Douglas, Ferris, Flanagan, Flem- ing, Flournoy, Ford, Gaither, Graves, Haynes, Henry of Lime- stone, Holt, Kilgore, Killough, Lacy, Lockett, Lynch, McCor- mick, McKinney of Denton, McKinney of Walker, Mills, Mitchell, Morris, Murphy, Martin of Hunt, Norvell, Nugent, Pauli, Ra- mey, Bentfro, Reynolds, Robertson of Bell, Robison of Fayette, Ross, Russell of Wood, Scott, Sessions, Smith, Spikes, Stay ton, Stewart, Stockdale, Wade, Waelder, Whitehead, Whitfield — (34. Nays — Dillard, McLean, Moore, Nunn— 4. Mr. Stewart moved to suspend the call. The Sergeant-at-arms reported that he had learned that Mr. Sansom had gone home. On the question on Mr. Stewart's motion to suspend the call, the yeas and nays were called, and call suspended by the follow- ing vote : Yeas — Allison, Ballinger, Barnett, Blassingame, Brown, Bruce, Chambers, Cooke of San Saba, Crawford, Darnell, Davis of Brazos, Dillard, Dohoney, Douglas, F'erris, Fleming, Flournoy, Ford, Gaither, German, Graves, Haynes, Henry of Limestone, Holt, Kilgore, Killough, Lacy, Lynch, McCormick, McKinney of Denton, McKinney of Walker, McLean, Moore, Morris, Murphy, Martin of Navarro, Martin of Hunt, Norvell, Nugent, Nunn, Ramey, Reagan, Robertson of Bell, Ross, Russell of Wood, Scott, Nov, 6, 1875.J CONSTITUTIONAL CONVENTION. 615 Sessions, Smith, Spikes, Stewart, Wade, Waelder, Whitehead, Whitfield— 54. Nats— Abner, Brady, Cline, Davis of Wharton, Flana.ii^an, Lockett, Mills, Mitchell, Panli, Rentfro, Reynolds, Staytoii, Stockdale — 13. The previous question on the passage of the article was then ordered. The question on Mr. Kilgore's pending amendment was then put, the yeas and yeas called, and amendment lost by the follow- ing vote : Yeas — Abernathy, Allison, Barnett, Blassingatne, Brown, Bruce, Chambers, Cooke of San Saba, Dohoney, Douglas, Flour- noy, Gaither, German, Graves, Haynes, Henry of Limestone, Holt, Kilgore, Killough, Lacy, Lynch, McKinney of Denton, McKinney of Walker, Murphy, Martin of Navarro, Martin of Hunt, Nugent, Reagan, Robertson of Bell, Robison of Fayette, Russell of Wood, Scott, Sessions, Spikes, Stayton, Stockdale, Whitehead— 37. Nats— Abner, Ballinger, Brady, Cline, Cooley, Crawford, Darnell, Davis of Brazos, Davis of Wharton, DeMorse, Dillard, Ferris, Flanagan, Fleming, Ford, Lockett, McCormick, McLean, Mills, Mitchell, Moore, Morris, Norvell, Nunn, Pauii, Ramey, Rentfro, Reynolds, Ross, Smith, Stewart, Wade, Waelder— 33. Mr. German's amendment — viz.: Amend section 2, line 10, by inserting after the word "whatsoever" "-all lands forfeited to the State by railroad companies"— was then lost by the following vote : Yeas — Ballinger, Barnett, Blassingame, Brady, Bruce, Cham- bers, Cline, Cooley, Davis of Biazos, Davis of Wharton, DeMorse, Dillard, Ferris, Fleming, Ford, German, Graves, Haynes, Kil- gore, Lacy, Lockett, McKinney of Walker, Mills, Mitchell, Moore, Morris, Martin of Hunt, Nugent, Robertson of Bell, Robison of Fayette, Ross, Russell of Wood, Scott, Sessions, Smith, Spikes, Stewart, Waelder, Whitfield— 39. Nats— Abernathy, Abner, Allison, Brown, Cooke of San Saba, Crawford, Darnell, Dohoney, Donglas, Flanagan, Flour- noy, Gaither, Henry of Limestone, Holt, Killough, Lynch, McCormick, McKinney of Denton, McLean, Murphy, Martin of NavaiTo, Norvell, Nunn, Pauli, Ramey, Reagan, Rentfro, Rey- nolds, Stayton ,?Stockdale, Waelder, Whitfield— 32. The question then recurring upon the final passage of the ar- ticle, the same was put and the article passed by the following vote: Yeas— Abernathy, Allison, Ballinger, Barnett, Brown, Bruce, 616 JOURNAL OF THE {Nov. 6, 1S75. Chambers, Cooke of San Saba, Crawford, Darnell, Davis of Brazos, Dillard, Dohoney, Douglas, Ferris, Fleming, Flournoy, Gaither, German, Graves, Haynes, Henry of Limestone, Kil- lough. Lacy, MeKinnej of Denton, McLean, Moore, Martin of Kavarro, Martin of Hunt, Norvell, Nugent, Nunn, Ramey, Reagan, Robertson of Bell, Robison of Fayette, Ross, Russell of Wood, Scott, Sessions, Spikes, Stewart, Waelder, Whitehead —44. JSTats — Abner, Blassingame, Brady, Cline, Cooley, Davis of Wharton, DeMorse, Flanagan, Ford, Holt, Kilgore, Lockett, Lynch, McCormick, McKinney of Walker, Mills, Mitchell, Mor- ris, Murphy, Pauli, Rentfro, Reynolds, Smith, Stayton, Stock- dale, Wade, Whittield— 27. Mr. Nugent moved to adjourn until 9 o'clock Monday morning. Mr. Crawford submitted the following substitute for "Article — , Granting Lands to Railroads : " " Section 1. No lands shall ever be granted, except in a man- ner prescribed by general law, and no law shall be passed granting to any citizen or class of citizens any of the public lands of the State, or privileges therein which, upon the same terms, shall not equally belong to all citizens. " Sec. 2. The public domain of the State shall be appropriated as follows : " First. For the use of the State proper, in such manner as the Legislature shall prescribe. " Second. For homes for actual settlers. " Third. For the creation of a perpetual fund for the education of the youth of the State. " Fourth. For the encouagement of, and to aid in the construc- tion of railroads. " Sec. 3. There shall Ijc two classes of railroads which shall be entitled to receive the State's aid, as follows : " First. Broad guage roads of the first class shall receive sixteen sections of land, of 640 acres each, for every mile of road con- structed and put into actual operation, to be issued upon com- pleted sections of ten miles, and not otherwise. " Second. Narrow guage roads, or roads of the second class, shall receive twelve sections of land, of 040 acres each, for every mile of road constructed and put into actual operation, to be issued upon completed sections of ten miles, and not other- wise. " Sec. 4. All certificates issued to railway companies shall be located dy the company to which they were issued, and in alter- iVW.6, 1875.J CONSTITUTIONAL CONVENTION. 617 nate sections, one for the railway company and one for the State, for the use and benefit of the perpetual school fund. " Sec. 5. All lands granted to railway companies and held by them shall be open to and may be occupied b}^ actual settlers, in lots of their option, of not less than eighty acres and not more than three hundred and twenty acres, at a price not to exceed one dollar per acre, and the railway companies shall be com- pelled to alienate to such settlers in fee, without the reservation of any privilege in said land ; and the Legislature shall enact such laws as may be needed to give full force and effect to this section. " Sec. 6. All railway companies shall be compelled to alienate the lands received from the State, one-fourth in every five years, so that the whole shall be sold in good faith within twenty years; and said railway companies shall annually furnish to the Com- missioner of the General Land Ofiice, in a manner to be pre- scribed by law, an abstract of all sales of land made the previous year, showing to whom sold, his residence, quantity of land sold, terms of sale, and price received ; and all lands granted by the State, and not sold in good faith within the prescribed time, shall revert to and become the property of the State, and shall be open to occupation and settlement, or other disposition, as in the first instance. " Sec. 7. To secure a just and uniform system of internal im- provements, and to promote the settlements of the State, we de- clare that no land shall be granted to any railway company here- tofore chartered by the State, or to any foreign company having any demand upon the State, except upon an exact compliance with the conditions of their charter or other contract under which the lands are claimed from the State ; and the Legislature shall never grant an extension of time to any railway company here- tofore chartered ; nor shall any charter be renewed in any wise inconsistent with this constitution. The Legislature shall pro- vide for the speedy enforcement of all forfeitures against default- ing companies. *'Sec. 8. All railway companies now in existence may accept the provisions of this constitution, upon a renouncement of all the provisions of their charters inconsistent herewith ; and upon a full and complete acceptance of the provisions herein con- tained, and all railway companies so renouncing and accepting shall be entitled to a speedy and equitable adjustment of all de- mands against the State upon completed roads affecting reserva- tions, exemptions and immunities granted by the State. All reservations opened and lands restored to the State by this 618 JOURNAL OF THE [New, 8, 1875. means, or by forfeitures, shall be disposed of as in the first in- stance. " Sec. 9. No exclusive privileges shall ever be granted to any corporation organized for the purpose of constructing and run- ning a railroad or railroads, or to any other association of indi- viduals for any purpose whatever, that has heretofore been or may be hereafter created over any of the public domain, but the said domain shall be held equally open to location by all who may have a just claim against the same. " Sec. 10. No foreign corporation or company (other than a commercial copartnership) shall ever acquire, hold or transmit lands in this State, except in such limited quantities as may be necessary for the conduct of a legitimate business in the State, conducted by permission of the State. " Sec. 11. The lands reserved for the perpetual school fund may be sold in such manner and upon such conditions as the Legislature may prescribe." One hundred copies ordered printed. The question on adjournment was then put, and the Conven- tion adjourned by the following vote : Yeas— Abner, Allison, Ballinger, Brady, Brown, Cline, Cooke of San Saba, Cooley, Crawford, Darnell, Davis of Brazos, Davis of Wharton, DeMorse, Ferris, Flanagan, Fleming, Ford, Gaither, Kilgore, Killough, Lockett, Lynch, McCormick, Mills, Mitchell, Moore, Martin of Hunt, Nugent, Nunn, Pauli, Reagan, Eentfro, Reynolds, Stay ton, Stockdale — 35. Nays — Abernathy, Barnett, Blassingame, Bruce, Chambers, Dillard, Dohoney, Douglas, Flournoy, German, Graves, Haynes, Henry of Limestone, Holt, Lacy, McKinney of Denton, McKin- ney of Walker, Morris, Murphy, Martin of Navarro, Norvell, Ramey, Robertson of Bell, Robison of Fayette, Ross, Scott, Sessions, Spikes, Stewart, Wade, Waelder, Whitehead, Whit- field—32. FIFTY-FIFTH DAY. Hajll of Representatives, ) Austin, Texas, November 8, 1875. f Convention met pursuant to adjournment; roll called ; quorum present. Prayer by the Rev. Dr. A. P Smith, pastor of the Southern Presbyterian Church, at Dallas. Journal of yesterday read and adopted. Nov, 8, 1875.] , CONSTITUTIONAL CONVENTION. 619 The President announced the following committee on Mr. Darnell's resolution, offered Saturday morning : Mr. Darnell, Chairman ; Messrs. Crawford, Waelder, Doho- nej, Kilgore, West, Ford, Cardis, Nugent, Wade, McKinnej of Denton, DeMorse, Norvell, Blassingame and Flanagan. On motion of Mr. West, Mr. Sansom was excused indefinitely. The following communication was then taken from the Presi- dent's desk and read : AusTEsr, Texas, November 8, 1875. To the Hon. E. B. Pickett^ Preddent of the Convention : At a meeting of the board of directors of the Capital Fair As- sociation, a resolution was adopted, inviting the members of the Convention to attend the fair, commencing on the 9th and con- tinuing until the 13th of November. In pursuance of that action, I ask you to notify the Conven- tion of their invitation, and to inform them that complimentary tickets for them have been placed in the hands of Major W. L. Chalmers, the Secretary of the Convention, who will distribute them to the members. Respectfully yours, C. S. West, President. Mr. McLean moved to accept the invitation, and that the President of the Convention return the thanks of the body to the association. Carried. On motion of Mr. DeMorse, Mr. McLean was added to the Committee on Judicial Apportionment. On motion of Mr. Ferris, Mr. Davis, of Brazos, was added to the same committee. Mr. Brown presented the petition of sundry citizens of Dallas on the subject of judicial apportionment. Mr. Ferris presented a petition from the same county on the same subject. Both referred to Committee on Judicial Apportionment. On motion of Mr. Cline, Mr. Morris was excused for two days. Mr. Russell, of Wood, offered the following resolution : Whereas, It is of great importance that the sons and daugh- ters of Texas should be provided with institutions of learning sufficient to complete their education within the borders of the State ; therefore be it Resohied^ That the following ordinance compose a part of the constitution : " Article — . " Section 1. Be it ordained^ That, in addition to the lands heretofore set apart for the erection and endowment of State uni- 620 JOURNAL OF THE {Nov, 8, 1875, versities, there be and is hereby set apart one million acres more of the unappropriated public domain, for the same pur- poses, to wit: for the erection, endowment and support of two State universities ; and it shall be the duty of the Legislature, at its first session after the adoption of this constitution, or as soon thereafter as they may think expedient, to provide by law for the establishment, endowment, etc., of said universities. Referred to the Committee on Education. On motion of Mr. West, the article on General Provisions was taken up out of its order, and made special order for 10 o'clock Thursday next. UNFINISHED BUSINESS. " Section — , granting land to railroads," and '^ Public Lands and Land Office," taken up, with Mr. Crawford's substitute pending. Mr. Kugent offered the following amendment to section 3, Article — , Public Lands and Land Office : Strike out all after the word " company." The hour having arrived for the special order, viz : resolution on night sessions, it was taken up. Mr. Kilgore proposed to amend the resolution as follows : Add the words, *' Provided that no vote shall be taken on any pending question before the Convention at such night sessions." Mr. Flournoy offered the following as a substitute for the reso- lution and amendment : " That the Convention meet in night session on Monday, Wednesday, Thursday and Saturday nights. Mr. Mitchell moved to lay the resolution and amendment on the table. Carried by tlie following vote : Yeas — AlDuer, Ballinger, Barnett, Brady, Cline, Crawford, Darnell, Davis of Brazos, Davis of Wharton, DeMorse, Ferris, Flanagan, Fleming, Ford, Gaither, Kilgore, L^ockett, McCormick, Mitchell, Moore, Martin of Hunt, Norvell, Kugent, Pauli, Rea- gan, Rentfro, Reynolds, Robertson of Bell, Smith, Stayton, Stewart, Stockdale, Waelder, West, Whitfield— 35. Nays — Abernathy, Allison, Blassingame, Bruce, Burleson, Chambers, Cooke of San Saba, Dillard, Dohoney, Douglas, Flournoy, German, Graves, Haynes, Hemy of Limestone, John- son of Collin, Johnson of F^ranklin, Lacy, McKinney of Denton, McKinney of Walker, McLean, Murphy, Martin of Navarro, Nunn, Ramey, Robison of Fayette, Ross, Russell of Wood, Scott, Sessions, Spikes, Wade, Whitehead — 33. N(yv, 8, 1875.] CONSTITUTIONAL CONVENTION. 621 On motion of Mr. Spikes, Mr. Holt was excused on account of sickness. The hour having arrived for considering the special order, viz.: "Article — , Judiciary," it was taken up. Mr. Reagan moved to postpone it until 2^ o'clock p. m. Carried. Mr. Stayton offered the following as a substitute for the amendment and section 3 of the article : " The Legislature shall have no power to make any donation of any of the public lands of this State to any work of inter- nal improvement in this State, except as is hereinafter pro- vided. " It having been the policy of the State to encourage the con- struction of railroads by donations of land ; and that policy hav- ing resulted in the construction of such works in certain portions of the State, while certain other portions, more remote, have to a great extent received no advantage, as yet, from said policy ; therefore, in order to equalize the benefits of the State's bounty to all portions of its territory, it is hereby provided that the Leg- islature shall hereafter encourage the construction of railways by donations of land in alternate sections, as follows : First — In the territory embraced in the following boundaries, to-wit : Beginning at the mouth of the Colorado river, thence up said river to the point where it intersects the 99th degree of longitude west from Greenwich, thence north on the line of said degree of longitude to its intersection with the 32d degree of lati- tude, north ; thence with the said degree of latitude west to the Rio Grande ; thence down said Rio Grande to the Gulf of Mexico ; thence with the margin of said Gulf to the place of beginning ; to which territory there is hereby allotted twenty thousand sections of land, the same to be received by railways hereafter constructed in said territory, surveys being made by the owners of such railways alternately of an equal number of sections for the State. " Second — In the territory embraced in the following bound- aries, to wit : Beginning at the point of the intersection of the 32d degree of north latitude, with the 99th degree of west longi- tude ; thence on the line of said degree of longitude north to the north-eastern corner of what is called the Panhandle, thence west to the north-western corner of said Panhandle ; thence south with the line of the 103d degree of west longitude, to its intersection with the 32d degree of north latitude ; thence east with said degree of latitude to the place of beginning ; to which territory there is hereby alloted ten T;housand sections, to be re- 622 JOURNAL OF THE {Nov. 8, 1875.. ceived and surveyed as hereinbefore provided for tlie first division of territory. "Third — In the territory embraced in the following boun- daries, to- wit: Beginning at the point where the Galveston, Houston and Henderson Railway strikes Galveston Bay ; thence with said railway to its intersection with the International and Great Northern Railway ; thence in a north-easterly direction along said railway to the point where the same intersects the Texas and Pacific Railway ; thence east to the eastern boundary of the State; thence with the eastern boundary of the State to the Gulf of Mexico ; thence along the margin of the Gulf to the entrance into Galveston Bay, and thence to the place of begin- ning ; to which territory there is hereby allotted three thousand three hundred sections, to be received and surveyed as hereinbe- fore provided for the first division of territory. " Sec. 3. The alternate sections of land, provision for the sur- vey of which is made in the preceding sections, and not to be donated to railways, are hereby set apart, denoted and declared to be a part of the public school fund for the State, and they shall never be otherwise used or appropriated ; and the land au- thorized to be donated to railways shall never be appropriated to any other use by the State, except that the same may be sold to actual settlers, or located by land certificates which by failure to locate were rendered invalid by the 4:th section of article 10 of former constitution, and which by this constitution may be val- idated, if said lands are so sold or located, before railways are constructed in the territory aforesaid, so as to entitle the owners of railways to the Bame." [Mr. Darnell in the chair.] Pending the discussion, Mr. Reagan was called to the chair. Mr. McCormick ofiered the following amendment to Mr. Stay- ton's substitute, which was accepted by Mr. Stayton : Amend by striking out all of the section from the words, to- wit, in line 26, to and including line 36, and insert : " Beginning at the point where the 97th degree of west longitude crosses the Colorado river ; thence north with said degree of longitude to where it crosses Red river ; thence up said river to where the 100th degree of north latitude crosses the same ; thence north with said degree to the north-east corner of what is known as the Panhandle; thence west to the 103d degree of north longitude ; thence south with said line to where it crosses the 32d degree of north latitude ; thence east with said line to where it crosses the Colorado river; thenca down said river to the place of begin- ning ; to which territory there is hereby allotted fifteen thousand Nov. 8, 1875.] CONSTITUTIONAL CONVENTION. ^23 sections, to be received and surveyed as hereinbefore provided for the first division of territory." Mr. Ford moved to grant the use of the hall to the chairman and members of the Democratic State Committee, and members of the Democratic party on Wednesday night next, 10th instant. Carried by the following vote : Yeas — Abernathy, Abner, Allison, Ballinger, Barnett, Blas- pingame, Bruce, Burleson, Chambers, Cline, Cooke of San Saba, Crawford, Darnell, Davis of Brazos, DeMorse, Dillard, Dohoney, Douglas, Ferris, Flanagan, Fleming, Ford, Gaither, German, Graves, Haynes, Henry of Limestone, Johnson of Collin, John- son of Franklin, Kilgore, Killough, Lacy, McCormick, McKin- ney of Walker, McLean, Moore, Murphy, Martin of Navarro, Martin of Hunt, Norvell, Nugent, Nunn, Pauli, Ramey, Reagan, Reynolds, Robertson of Bell, Ross, Russell of Wood, Smith, Stay- ton, Stewart, Stockdale, Wade, Waelder, Whitehead, Whitfield —56. Nays — Brady, Mitchell, Rentfro — 3. On motion, the Convention adjourned to 2^ o'clock p. m. EVENING SESSION— 2i o'clock. Convention met pursuant to adjournment ; roll called ; quorum present. Pending question resumed. Mr. Ramey made the following report : Committee Room, | Austin, November 8, 18T5. f To the Hon. E. B. Pickett^ President of the Convention : Sir — Your Committee on Engrossed and Enrolled Ordinances beg leave to report that they have carefully examined and com- pared "An ordinance to divide the State of Texas into Senatorial and Representative Districts," and find the same correctly en- grossed. Respectfully, Wm. Neal Ramey, Chairman. On- motion of Mr. Allison, 100 copies of the article were ordered printed. The hour having arrived for considering the special order, " Article — , Judiciary," was taken up, and on motion of Mr. Darnell, postponed until the pending business shall be disposed of. Mr. German moved to close debate on pending amendments, and bring the question to a vote. Carried. Mr. Stayton's substitute lost by the following vote : 624 JOURNAL OF THE {Nov, 8, 1875. Yeas — Burleson, Cline, Cooke of San Saba, DeMorse, Fleming, Ford, Gaither, Haynes, McCormick, Murphy, Norvell, Ramey, Rentfro, Reynolds, Ross, Sansom, Stayton, Stockdale, Waelder, West, Whitehead, Whitfield— 23. Nays — Abernathy, Allison, Ballinger, Barnett, Blassingame, Brady, Bruce, Chambers, Crawford, Darnell, Davis of Brazos, Dillard, Dohoney, Douglas, Ferris, Flournoy, German, Graves, Henry of Limestone, Johnson of Collin, Johnson of Franklin, Killough, Lacy, Lockett, McKinney, of Denton, McKinney of Walker, Moore, Martin of Navarro, Nugent, Nunn, Reagan, Robertson of Bell, Robison of Fayette, Russell of Wood, Scott, Sessions, Smith, Spikes, Stewart, Wade — 39. Mr. Flanagan, when his name w^as called, stated that he would vote for the substitute, but that he was paired off with Mr. Holt. Mr. Martin, of Hunt stated that he was paired off with Mr. King, but for which he would vote no. Mr. Nugent's amendment lost by the following vote : Yeas — Barnett, Blassingame, Bruce, Burleson, Chambers, DeMorse, Fleming, German, Graves, Haynes, Johnson of Collin, Johnson of Franklin, Lacy, McCormick, McKinney of Denton, McLean, Murphy, Nor veil, Nugent, Robertson of Bell, Russell of Wood, Scott, Stayton, Stockdale — 24. Nats — Abernathy, Allison, Ballinger, Brady, Cline, Cooke of San Saba, Crawford, Darnell, Davis of Brazos, Davis of Whar- ton, Dillard, Dohoney, Douglas, Ferris, Flournoy, Ford, Gaither, Henry of Limestone, Kilgore, Killough, Lockett, McKinney of Walker, Martin of Navarro, Nunn, Ramey, Reagan, Rentfro, Re3aiolds, Robison of Fayette, Ross, Sansom, Sessions Smith, Spikes, Stewart, Wade, Waelder, West, Whitehead, Whitfield— 40. Mr. Moore was paired off with Mr. Erhard, but would have voted " no." Mr. Martin, of Hunt, was paired off with Mr. King, but for which would have voted "yea." Mr. Kilgore would vote " no," but was paired off with Mr. Holt. Mr. Crawford's substitute was lost by the following vote : Yeas — Barnett, Blassingame, Bruce, Crawford, DeMorse, Dil- lard, Douglas, Fleming, Flournoy, Gaither, Graves, Johnson of Collin, Kilgore, Killough, McLean, Martin of Navarro, Norvell, Nugent, Ramey, Rentfro, Reynolds, Russell of Wood, Sansom —23. Nays — Abernathy, Abner, Ballinger, Brady, Burleson, Cham- bers, Cline, Cooke of San Saba, Darnell, Davis of Brazos, Doho- nej^ Ferris, German, Haynes, Henry of Limestone, Lacy, Lockett, NozK 9, 1875.J CONSTITUTIONAL CONVENTION. 625 McCorinick, McKinney of Denton, McKinney of Walker, Moore, Martin of Hunt, Nunn, Reagan, Robertson of Bell, Robison of Fayette, Ross, Sessions, Smith, Spikes, Stay ton, Stewart, Stock- dale, Wade, Waelder, West, Whitehead, Whitfield— 38. Mr. Flanagan stated that he was paired off with Mr. Holt, but for which fact he would vote " no." Mr. Dohoney proposed to amend section 2 by striking out all after the word " barred," in line 18. [Mr. Brown in the chair.] On motion of Mr. Whitfield, the Convention adjourned until 9 o'clock A. M. to-morrow. FIFTY-SIXTH DAY. Hall of Representatiyes, Austin, Texas, November 9, 1875. Convention met pursuant to adjournment ; roll called ; quorum present. Prayer by the Rev. R. H. Willenburg, of the Cum- berland Presbyterian Church, at Austin. Journal of yesterday read and adopted. Mr. Nunn submitted the resignation of Mr. Dunnam, as fol- lows : Centkalia, Texas, Nov. 2, 1875. To the Hon. E. B. Pickett^ President of the Convention : Having got leave of absence from the Convention on the thir- teenth to visit my sick family, I arrived at my home only in time to be with a dying wife during her last moments. This calamity befalling me under such peculiar circumstances, I felt for the time unable to take any action as regards my membership in the Convention, my first impulse being to resign, but by the advice of friends both at home and in the Convention, I was induced to postpone any definite course until I could think more deliberately upon the matter ; and now, after due thought, I con- ceive it my duty to my constituency, my family, and myself, that I offer my resignation to the Convention. My mind is not in a proper frame for those grave duties devolving upon me as a mem ber of your honorable body, nor can I in justice leave my un- happy home for the present. For myself, I need that quiet that may restore me to the performance of those duties that are yet left to me. With these considerations, I offer my resignation. (326 JOURNAL OF THE \Nov. 9, 1875. lioping that the Convention may frame an organic law for the State worthy of its talent and time. Yours resi)ectfully, A. J. C. DUNNAM. Unfinished business, viz : " Public Lands and Land Office," with Mr. Dohoney's pending amendment to section 2, by striking out all after the word " barred," in line 18, taken up. On motion of Mr. Fleming, the amendment was tabled by the following vote : Yeas — Abernathy, Abner, Allison, Ballinger, Barnett, Blas- singame, Brown, Bruce, Burleson, Cardis, Chambers, Cook of San Saba, DeMorse, Dillard, Douglas, Ferris, Fleming, Flour- noy, Gaither, German, Graves, Haynes, Henry of Limestone, Johnson of Collin, Killough, Lacy, McCormick, McKinney of Denton, Murpliy, Martin of Navarro, Martin of Hunt, [Nugent, Ramey, Robertson of Bell, Ross, Russell of Wood, Sessions, Smith, Spikes, Stay ton, Stewart, Stockdale, Wade, Waelder, Whitfield— 45. Nays — Cline, Crawford, Darnell, Kilgore, Lockett, McKinney of Walker, Moore, Norvell, Nunn,Pauli, Reagan, Rentfro, Robi- son of Fayette, Whitehead — 15. Mr. Dohoney, when his name was called, stated that he was paired off* with Mr. Scott, but for which fact he w^ould vote yea. Mr. Reagan offered the following amendment : [Mr. McLean in tlie chair.] Amend section 2 by striking out all after the word '' State," in line 21. Mr. Stewart offered the following substitute for the amend- ment : Between the words " records " and " or," in line 22, insert " or county map." Mr. Flournoy off'ered the following as a substitute for the sub- stitute and amendment: After the word " barred," in line 18, insert : " No constructive notice of title to real estate shall be held good as against a 'bona fide purchaser for valuable consideration, or a l)ona fide locator thereon, unless the evidence of the same shall have heretofore been of record in the county, or on file in the County Surveyor's office." Mr. Reagan, by leave, withdrew his amendment. Mr. Gaither moved to lay the substitute and amendment on the table. Mr. Flournoy, by leave, withdrew his substitute. Nov. 9, 1875.J CONSTITUTIONAL CONVENTION. 627 Mr. Stewart's amendment laid on the table by the following vote : Yeas — Abernathy, Ballinger, Barnett, Blassingame, Brown, Brace, Bnrleson, Chambers, Crawford, Darnell, Davis of Brazos, Davis of Wharton, Dillard, Douglas, Ferris, Fleming, Gaither, German, Graves, Haynes, Henry of Limestone, Johnson of Collin, Johnson of Franklin, Killough, Lacy, McCormick, McKinney of Walker, Moore, Martin of Hunt, Nugent, Nunn, Pauli, Reagan, Beynolds, Robertson of Bell, Robison of Fayette, Russell of Wood, Sansom, Sessions, Smith, Spikes, Stayton, Stockdale, Waelder, Whitehead, Whitfield— 46. Nays — Allison, Cline, DeMorse, Dohoney, Flournoy, Ford, Lockett, McLean, Murphy, Martin of Navarro, Norvell, Rentfro, Stewart, West — 14. Mr. Stewart offered the following amendment : In line 18, between the words ^' all " and'' land," insert " genuine." Adopted. Mr. Reagan offered the following amendment : Strike out section 8. On motion of Mr. Fleming, debate was closed on the amend- ment, and it was lost by the following vote : Yeas — Allison, Barnett, Chambers, Cline, Dohoney, Flanagan, Flournoy, Lacy, McKinney of Walker, McLean, Martin of Hunt, Nor veil, Pauli, Reagan, Ross, Sansom, Sessions, Spikes — 18. Nats — Abernathy, Ballinger, Blassingame, Bruce, Burleson, Cooke of San Saba, Crawford, Darnell, Davis of Brazos, De Morse, Dillard, Douglas, Ferris, Fleming, Ford, Gaither, German, Graves, Haynes, Henry of Limestone, Johnson of Collin, Kilgore, Lockett, McCormick, McKinney of Denton, Moore, Murphy, Martin of Navarro, Nugent, Nunn, Ramey, Rentfro, Reynolds, Robertson of Bell, Robison of Fayette, Russell of Wood, Smith, Stavton, Stewart, Stockdale, Wade, Waelder, West, Whitehead —44. Mr. Kilgore offered the following amendment : Amend section 3 by adding at the end of the section the words, the Legislature shall pass general laws only to give effect to the provisions of this section." Mr. German proposed to strike out section 3. Mr. Kilgore's amendment adopted by the following vote : Yeas — Abernathy, Allison, Ballinger, Blassingame, Brown, Bruce, Crawford, Davis of Brazos, DeMorse, Dillard, Dohoney, Fleming, Flournoy, Gaither, German, Graves, Haynes, Henry of Limestone, Johnson of Collin, Kilgore, Killough, Lacy, Mc- u 628 JOURNAL OF THE \JVov. 9, 1875. Cormick, McKiniiey of Denton, McKinney of Walker, McLean, Moore, Martin of Navarro, Martin of Hunt, Nugent, Kamey, Reagan, Robertson of Bell, Robison of Fayette, Ross, Russell of Wood, Sansom, Sessions, Stewart, Wade — 40. Nays — Abner, Barnett, Burleson, Chambers, Cline, Cooke of San Saba, Darnell, Douglas, Ferris, Flanagan, Ford, Lockett, Mitchell, Murphy, Norvell, Nunn, Pauli, Rentfro, Reynolds, Smith, Spikes, Stay ton, Stockdale, Waelder, Whitehead — 25. Mr. Crawford offered the following substitute for section 3 : " Sec. 3. No lands shall ever be granted except in a manner prescribed by general law, and no law shall be passed granting to any citizen or class of citizens any of the public lands of the State, or privileges therein, which upon the same terms shall not equally belong to all citizens. The public domain shall be ap- propriated as follows : " First — For the State proper, and to satisfy genuine unappro- priated land certificates, in such manner as the Legislature shall prescribe. " Second — For homes for actual settlers. " Third — For the creation of a perpetual fund for the educa- tion of the youth of the State. "Fourth — For the encouragement of and to aid in the con- struction of railroads. " There shall be tv/o classes of railroads which shall be entitled to receive the State's aid, as follows : " First — Broad gauge roads of the first class shall receive six- teen sections of land, of 640 acres each, for every mile of road constructed and put into actual operation, to be issued upon completed sections of ten miles, and not otherwise. " Second — Narrow gauge roads, or roads of the second class, shall receive twelve sections of land, of 640 acres each, for every mile of road constructed and put into actual operation, to be is- sued upon completed sections of ten miles, and not otherwise. " All certificates issued to railroad companies shall be located by the company to which they were issued, and in alternate sec- tions, one for the railroad company and one for the State, for the use and benefit of the perpetual school fund. " All lands granted to railway companies and held by them shall be open to and may be occupied by actual settlers in lots, at their option, of not less than eighty acres and not more than three hundred and twenty acres, at a price not to exceed one dollar per acre ; and the railway companies shall be compelled to alienate to such settlers in fee, without the reservation of any privilege in said land, as maybe prescribed bylaw; and the Nov. 9, 1875.] CONSTITUTIONAL CONVENTION. 620 Legislature shall enact sucli laws as may be needed to give full force and effect to this section. "All railway companies shall be compelled to alienate the lands received from the State, one-fourth in every five years, so that the whole shall be sold in good faith in twenty years, and said railroad companies shall annually furnish to the Commis- sioner of the General Land Office, in a manner to be prescribed by law, an abstract of all sales of land made the previous year, showing to whom sold, his residence, quantity of land sold, terms of sale and price received. "And all laws granted by the St&,te, and not sold in good faith within the time prescribed by law, shall revert to the State, and be open to occupation and settlement, or other disposition, as in the first instance." On motion of Mr. Allison, the Convention adjourned to 2^ o'clock p. M. EVENING SESSION— 2^ o'clock. Convention met ; roll called ; quorum present. Pending question on adjournment resumed, viz., Mr. Crawford's substitute. On motion of Mr. McCormick, the main question was ordered. Mr. Crawford's substitute adopted by the following vote : Yeas — Barnett, Blassingame, Brown, Bruce, Burleson, Craw- ford, DeMorse, Dohoney, Douglas, Fleming, Flournoy, German, Graves, Haynes, Johnson of Collin, Johnson of Franklin, Kil- gore, Killough, McKinney of Denton, McLean, Martin of Nav- arro, Martin of Hunt, Norvell, Nugent, Pauli, Ramey, Reagan, Reynolds, Ross, Russell of Wood, Sessions, Wade — 33. Nays — Abernathy, Abner, Ballinger, Chambers, Cline, Cooke of San Saba, Darnell, Davis of Brazos, Davis of Wharton, Ferris, Flanagan, Ford, Gaither, Henry of Limestone, Lockett, McCor- mick, McKinney of Walker, Mitchell, Moore, Murphy, Nunn, Rentfro, Robertson of Bell, Robison of Fayette, Sansom, Smith, Spikes, Stayton, Stockdale, Waelder, Whitehead, Wri2:ht —32. Mr. German's amendment to strike out " section 3," lost by the following vote : Yeas — Abner, Ballinger, Blassingame, Bruce, Cline, Darnell, Dohoney, Ferris, Flanagan, Fleming, Ford, Gaither, Johnson of Collin, Lockett, McCormick, Mitchell, Murphy, Norvell, Nunn, Rentfro, Reynolds, Robison of Fayette, Ross, Russell of Wood, Sansom, Sessions, Smith, Stayton, Stewart, Stockdale, Waelder, West, Whitehead— 33. Nays — Abernathy, Allison, Barnett, Brown, Burleson, Cham- 630 JOURNAL OF THE [JVov. lo, 1875. bers, Cooke of San Saba, Crawford, Davis of Brazos, Davis of Wharton, DeMorse, Douglas, Flournoy, German, Graves, Haynes, Henry of Limestone, Johnson of Franklin, Kilgore, Killough, Lacy, McKinney of Denton, McKinney of Walker, McLean, Moore, Martin of Navarro, Martin of Hunt, Nugent, Pauli, Ramey, Eeagan, Robertson of Bell, Spikes, Wade, Whitfield —35. The question on the engrossment of the article was then put, on the yeas and nays call, the article was ordered engrossed by the following vote : Yeas — Abernathy, Allison, Ballinger, Barnett, Blassingame, Brown, Burleson, Chambers, Cooke of San Saba, Crawford, Darnell, Davis of Brazos, DeMorse, Douglas, Ferris, Flournoy, Ford, Gaither, Graves, Haynes, Henry of Limestone, Johnson of Collin, Johnson of Franklin, Kilgore, Killough, Lacy, McKin- ney of Walker, McLean, Moore, Martin of Navarro, Nunn, Kamey, Beagan, Boss, Sansom, Sessions, Spikes, Stewart, West, Whitehead— -1:0. Nays — Abner, Bruce, Cline, Davis of Wharton, Dohoney, Flanagan, Fleming, German, Lockett, McCormick, McKinney of Denton, Mitchell, Murphy, Martin of Hunt, Norvell, Nu- gent, Pauli, Rentfro, Reynolds, Robertson of Bell, Robison of Fayette, Russell of Wood, Smith, Staj^ton, Stockdale, Wade, Waelder, Whitfield— 28. " Article — , Judicial Department," was then taken up, Mr. Flournoy's substitue for the entire article being the pending question. [Mr. Stockdale in the chair.] Mr. Barnett moved to reconsider the vote of yesterday laying on the table the resolution to hold night sessions. Mr. Kilgore moved to adjourn until 7^ p. m. Mr. McCormick moved to adjourn until 9 o'clock a. m. to-morrow. Carried. FIFTY-SEVENTH DAY. Hall of Representatives, Austin, Texas, November 10, 1875. Convention met pursuant to adjournment ; roll called ; quorum present. Prayer by the Rev. R. H. Willenberg, of the Cum- berland Presbyterian Church at Austin. N(yv, lo, 1875.] CONSTITUTIONAL CONVENTION. 631 Journal of yesterday read and adopted. Mr. Blassingame moved to reconsider the vote engrossing the article on Public Lands and Land Office. Mr. German moved to reconsider the vote adopting Mr. Crawford's substitute for section 3 of article on Public Lands and Land Office. Mr. McLean moved to lay the motion on the table. A call of the Convention was demanded. Absent — Messrs. Arnim, Brady, Cooley, Flana^n, Johnson of Franklin, Mills, Morris, Ramey, Robertson of Bell, Scott, and West. On motion of Mr. Russell, of Wood, Mr. Scott was excused on account of sickness. On motion of Mr. Lockett, Mr. Mills was excused. On motion of Mr. Sansom, Mr. West was excused for to-day. On motion of Mr. Cline, Mr. Morris's leave of absence was ex- tended for three days after to-day. On motion of Mr. McCormick, Mr. Arnim's leave of absence was extended. Mr. McLean moved to excuse all absent members. Mr. Rentfro made the point of order that members could not be excused except at their own request. Chair sustained the point. Mr. Brady appeared and answered to his name. Mr. Robertson, of Bell, was announced by the doorkeeper. Mr. Whitfield offered the following resolution : Whereas, The Convention received on yesterday a tender of the resignation of the Hon. A. J. C. Dunnam, member of this body from the Third district, induced by the death of his wife; therefore. Resolved^ That the resignation of Mr. Dunnam be not ac- cepted, but that his name shall continue on the rolls of the Con- vention, with indefinite leave of absence. Resolved^ further^ That the sympathies of this body are hereby tendered to our afflicted associate in his sad bereavement, and that the Secretary is instructed to transmit to him a copy of these resolutions. Unanimously adopted. Mr. Flanagan and Mr. Ramey were announced by the door- keeper. Mr. Nunn offered the following resolution : Resolved, That this Convention do hereafter hold night sessions, in addition to the two sessions now held daily, until the labors of this Convention are concluded. 632 JOURNAL OF THE {Nov. lo, 1875. Laid over one day under the rules. Mr. Brown presented thirty-four petitions from Dallas county, in relation to judicial districts, which, on his motion, were re- ferred to the Committee on Judicial Districts. "Article — , on Judiciary," taken up. Pending discussion on the article, Mr. Johnson, of Franklin, was announced by the doorkeeper. The Convention being full, the call was exhausted, and the question upon which the call was made was demanded, viz : the motion to reconsider the vote engrossing the article on Public Lands and Land Office, was again resumed. The yeas and nays were called, and the Convention reconsid- ered by the following vote : Yeas — Abner, Ballinger, Barnett, Blassingame, Brady, Bruce, Burleson, Cardis, Cline, Cooke of San Saba, Darnell, Davis of Brazos, Davis of Wharton, DeMorse, Ferris, F'ord, Gaither, Ger- man, Henry of Smith, Johnson of Franklin, King, Lockett, Mc- Cormick, McKinney of Denton, McKinney of Walker, Mitcliell, Moore, Murphy, Norvell, Pentfro, Peynolds, Pobertson of Bell, Pobison of Fayette, Boss, Passell of Wood, Sansom, Smith, Spikes, Stay ton, Stewart, Stockdale, Wade, Waelder, Whitehead Nays — Abernathy, Allison, Brown, Chambers, Crawford, Dil- lard, Dohoney, Douglas, Flanagan, Fleming, Flournoy, Graves, Haynes, Henry of Limestone, Johnson of Collin, Kilgore, Kil- lough. Lacy, Martin of Navarro, Martin of Hunt, Nugent, Nunn, Pauli, Pamey, Peagan, Sessions — 26. Mr. McLean's motion to table Mr. German's motion to recon- sider the vote adopting Mr. Crawford's substitute for the 3d section of the article on Public Lands and Land Office was then put and lost by the following vote : Yeas — Abernathy, Allison, Brown, Chambers, Crawford, Dil- lard, Dohoney, Douglas, Fleming, Flournoy, Graves, John- son of Collin, Johnson of Franklin, Kilgore, Lacy, McLean, Martin of Hunt, Nugent, Pauli, Pamey, Peagan, Whitfield — 22. Nays — Abner, Ballinger, Barnett, Blassingame, Brady, Bruce, Burleson, Cardis, Cline, Cooke of San Saba, Darnell, Davis of Brazos, Davis of Wharton, DeMorse, Ferris, Flanagan, Ford, Gaither, German, Haynes, Henry of Limestone, Henry of Smith, Killough, King, Lockett, McCormick, McKinney of Walker, Mitchell, Moore, Murphy, Martin of Navarro, Nor veil, Nunn, Pentfro, Peynolds, Pobertson of Bell, Pobison of Fayette, Poss, Pussell of Wood, Sansom, Sessions, Smith, Spikes, Stayton, Stewart, Stockdale, Wade, Waelder, Whitehead — 49. Nov. lo, 1875.J CONSTITUTIONAL CONVENTION. 633 The question to reconsider the vote adopting the substitute was then put and the vote was reconsidered by the following vote: Yeas— Aberuathy, Abner, Ballinger, Barnett, Blassingame, Brady, Bruce, Burleson, Cardis, Cline, Cooke of San Saba, Dar- nell, Davis of Brazos, Davis of Wharton, DeMorse, Ferris, Ford, Gaither, German, Henry of Limestone, Henry of Smith, Kil- lough. King, Lacy, Lockett, McCormick, McKinney of Denton, McKinney of Walker, Mitchell, Moore, Murphy, Nor veil, Nunn, Rentfro, Reynolds, Robertson of Bell, Robison of Fayette, Ross, Russell of Wood, Sansom, Sessions, Smith, Spikes, Stay ton, Stewart, Stockdale, Wade, Waelder, Whitehead, Whitfield — 50. Nays — Allison, Brown, Chambers, Crawford, Dillard, Doho- ney, Douglas, Flanagan, Fleming, Flouruoy, Graves, Haynes, Johnson of Collin, Johnson of Franklin, Kilgore, McLean, Mar- tin of Navarro, Nugent, Pauli, Ramey, Reagan — 21. [Mr. Stockdale in the chair.] Mr. Robertson, of Bell, offered the following amendment to the substitute : " Provided, that the Legislature shall have no power to extend the time or grant relief to any company obtaining a grant or certificate after the adoption of this constitution." Mr. Blassingame moved the previous question on the engross- ment of the article. A call of the Convention was demanded. Absent — Messrs. Dillard, Cooley and Ramey. On motion of Mr. Flournoy, Mr. Dillard was excused. "Article — , Judicial Department " taken up. Mr. Ramey was announced by the doorkeeper. On motion of Mr. McLean the use of the hall was granted the Capitol Fair Association from Friday 3 o'clock to Saturday 9 o'clock A. M. Mr. Dillard moved to adjourn to 2|^ o'clock p. m. Mr. McCormick moved to adjourn to 9 o'clock a. m. to-morrow. The yeas and nays were demanded and the Convention refused to adjourn by the following vote : Yeas — Abner, Brady, Cardis, Cline, Cooke of San Saba, Cooley, Davis of Brazos, Davis of Wharton, Flanagan, Flem- ing, King, McCormick, Mitchell, Moore, Panii, Rentfro, Rey- nolds— 17. Nays — Abernathy, Allison, Ballinger, Barnett, Blassingame, Bruce, Burleson, Chambers, Darnell, DeMorse, Dillard, Doho- ney, Douglas, Ferris, Flournoy, Ford, Gaither, German, Graves, Haynes, Henry of Limestone, Henry of Smith, Johnson of Collin, 634 JOURNAL OF THE [JVov. lo, 1875. Johnson of Franklin, Kilgore, Killough, Lacy, McKinney of Denton, McKinney of Walker, McLean, Murphy, Martin of Ka- varro, Martin of Hunt, Norvell, Nugent, Ramey, Reagan, Rob- ertson of Bell, Robison of Fayette, Ross, Russell of Wood, Sansom, Sessions, Smith, Spikes, Stay ton, Stewart, Stockdale, Wade, Waelder, Whitehead, Whitfield— 52. The question on adjourning to 2^ o'clock p. m. was then put and carried. EYENIKG SESSION— 2i o'clock. Convention met pursuant to adjournment ; roll called ; quorum present. The Sergeant-at-arms reported that pending the call this morning all of the members were brought in, except Cooley, who was absent, at home, in Gillespie county. " Article — , Public Lands and Land Office," taken up. A call of the Convention was demanded. Absent — Messrs. Brady, Cardis, Chambers, Cooley, Dillard, Flanagan, Fleming, Flournoy, Graves, Johnson of Collin, Mc- Cormick, McKinney of Denton, McLean and Whitfield. Messrs. McKinney of Denton, Fleming, and Johnson of Col- lin, appeared and answered to their names. On motion of Mr. Waelder, the call was suspended. Mr. Walker offered the following amendment : Strike out all after the word ^' survey," in line 37 of the third section of the original section. Mr. Waelder moved the previous question. Lost. The question on the adoption of Mr. Robertson's (of Bell,) amendment to the substitute was put, and the amendment lost by the following vote : Yeas — Barnett, Blassingame, Bruce, DeMorse, German, Graves, Ilaynes, Johnson of Collin, Lacy, Norvell, Nugent, Rob- ertson of Bell, Russell of Wood, Wade — 14. Nays — Abernathy, Abner, Allison, Ballinger, Brady, Brown, Burleson, Cardis, Chambers, Cline, Cooke of San Saba, Craw- ford, Darnell, Davis of Brazos, Davis of Wharton, Dohoney, Douglas, Ferris, Fleming, Ford, Gaither, Henry of Limestone, Henry of Smith, Johnson of Franklin, Kilgore, Killough, King, Lockett, McCormick, McKinney of Denton, McKinney of Walker, Mitchell, Moore, Murphy, Martin of Hunt, Nunn, Pauli, Ramey, Reagan, Rentfro, Reynolds, Robison of Fayette, Ross, Sansom, Sessions, Smith, Spikes, Stayton, Stewart, Stockdale, Waelder, Whitehead— 52. Nm). lo, 1875.J CONSTITUTIONAL CONVENTION. 635 The question then recurring on the adoption of Mr. Crawford's substitute, the same was put and the substitute lost by the follow- ing vote : Yeas — Allison, Barnett, Brown, Crawford, Dohoney, Douglas, Fleming, Graves, Haynes, Johnson of Franklin, Kilgore, Kil- lough, Martin of Hunt, Nugent, Pauli, Ramey, Reagan — 17. Nats — Abner, Ballinger, Blassingame, Brady, Bruce, Burle- son, Cardis, Chambers, Cline, Cooke of San Saba, Darnell, Davis of Brazos, Davis of Wharton, DeMorse, Ferris, Ford, Gaither, German, Henry of Limestone, Henry of Smith, Johnson of Collin, King, Lacy, Lockett, McCormick, McKinney of Denton, McKinney of Walker, Mitchell, Moore, Murphy, Norvell, Nunn, Rentfro, Reynolds, Robertson of Bell, Robison of Fayette, Ross, Russell of Wood, Sansom, Sessions, Smith, Spikes, Stay ton, Stevx^art, Stockdale, Wade, Waelder, Whitehead — 48. Mr. Abernathy stated that he was paired ofl" with Mr. Dillard, but for which he would vote "no." Mr. W adder's amendment to the original section being the pending question, on motion of Mr. Graves debate was closed, and the Convention brought to a vote, which resulted in the adoption of the amendment by the following vote : Yeas — Abernathy, Abner, Allison, Ballinger, Barnett, Brady, Brown, Burleson, Cardis, Cline, Cooke of San Saba, Crawford, Darnell, Davis of Brazos, Davis of Wharton, Dohoney, Douglas, Ferris, Fleming, Ford, Gaither, Haynes, Henry of Limestone, Henry of Smith, Johnson of Franklin, Kilgore, Killough, King, Lockett, McCormick, McKinney of Walker, Mitchell, Moore, Murphy, Martin of Hunt, Nunn, Pauli, Ramey, Reagan, Rent- fro, Reynolds, Robison of Fayette, Ross, Russell of Wood, Sansom, Sessions, Smith, Spikes, Stayton, Stewart, Stockdale, Waelder, Whitehead— 53. Nays — Bruce, Chambers, DeMorse, German, Graves, Johnson of Collin, Lacv, McKinney of Denton, Norvell, JSTugent, Robert- son ofBell, Wade— 12. When Mr. Blassingame's name was called, he stated that he was paired off with Mr. Martin, of Navarro, but for which fact he would vote ''no." Mr. German offered the following amendment : Strike out all after the word " State," in line 50, to the word " all," in line 51, and insert, " and shall become a part of the common free school fund." Lost. Mr. Sansom proposed to amend as follows : 636 JOURNAL OF THE [JVov. lo, 1875. Amend section 3 by striking out all of said section after the word " road," in line 33. Lost. Mr. Crawford offered the following amendment : In section 3, line 33, strike out " 25 " and insert " 10," and in line 35 strike out " 12 " and insert " 20." A division of the question was ordered, and the amendment to section 3, line 33, was adopted and the remainder of the amend- ment lost. Mr. Stayton offered the following amendment: Amend section 2 by adding the words, '' or when the appro- priation is evidenced by the occupancy of the owner, or of some person holding for him." Adopted. Mr. Nugent offered the following new section : " Sec. — . All titles to lands situated in organized counties in this State shall, within one year after the adoption of this consti- tution, be recorded in the counties respectively in which such lands are situated, and titles to lands in counties which shall hereafter be organized shall be recorded in such last mentioned counties within one year after the organization thereof; and all titles not so recorded shall be held not to be notice as against a subsequent purchaser for a valuable consideration." Lost. On motion of Mr. McCormick, the main question was ordered on the eno;rossment of the article. The yeas and nays were demanded and the article ordered engrossed by the following vote : Yeas — Abernathy, Allison, Ballinger, Barnett, Brown, Burle- son, Cardis, Chambers, Cooke of San Saba, Darnell, Davis of Brazos, DeMorse, Dohoney, Douglas, Ferris, Ford, Gaither, Graves, Haynes, Henrj^ of Limestone, Johnson of Collin, John- son of Franklin, Kilgore, Killough, King, Lacy, McKinney of Denton, McKinney of Walker, Moore, Murphy, Martin of Hunt, Nunn, Bamey, Beagan, Bobison of Fayette, Boss, Sessions, Smith, Spikes, Stewart, Waelder, Whitehead — 42. Nays — Abner, Blassingame, Brady, Bruce, Cline, Crawford. Fleming, German, McCormick, Mitchell, Norvell, Nugent, Fauli, Rentfro, Beynolds, Bobertson of Bell, Bussell of Wood, Sansom, Stayton, Wade— 20. "Article — , Judicial Department," again taken up. On motion of Mr. Stockdale, the Convention adjourned to 9 o'clock A. M. to-morrow. Nov. II, 1875.] CONSTITUTIONAL CONVENTION. 637 FIFTY-EIGHTH DAY. Hall of Eepkesentatives, ( Austin, Texas, November 11, 1875. \ Convention met pursuant to adjournment ; roll called ; quo- rum present. Prayer by the Rev. R. H. Willenberg, of the Cumberland Presbyterian Churcli, at Austin. J ournal of yesterday read and adopted : Mr. Reagan offered the following : Amend the Article on General Provisions by inserting the fol- lowing as a separate section : " Sec. — . That all the navigable waters of this State shall forever remain public highways, free to the citizens of the State, and of the United States, without tax, impost or toll ; and that no tax, toll, impost or wharfage shall be demanded or received from the owners of any merchandise or commodity, for the use of the shores, or any wharf erected on the shores, or in, or over any of said waters, unless expressly authorized by law." One hundred copies ordered printed. [Mr. Brown in the chair.] Mr. Rentfro offered the following resolution : Resolved^ That the following be and become one of the rules of this Convention : " Rule — . When under a call of the Convention any member shall be absent, it shall be the duty of the Sergeant-at-arms to bring said member into the presence of the Convention. Con- vention to hear excuse for absence, and judge of its sufficiency. In the event the member be not excused, he shall be lined one dollar, for the benefit of the State, and shall be debarred of his right of voting on any and all questions in said Convention until said fine shall have been paid." Laid over one day under the rules : Mr. Robertson, of Bell, offered the following resolution : Whereas, It is the settled policy of this Convention that the Legislature may continue to grant landed subsidies to aid in the construction of railroads ; And Whereas, The experience of the last twenty years has made it manifest that no railroad company that has ever been chartered in Texas has complied with the terms of its contract, thereby creating a necessity for an extension of time ; And Whereas, It must be apparent that no railroad that may be chartered in the future can be built and put into running order in less time than fifty years ; 638 JOURNAL OF THE {Nov. ii, 1875. And Whereas, The welfare of the people of Texas demands that they should be relieved from every unnecessary expense in in the administration of their government ; And Whereas, The legislation so often demanded for the ex- tension of time to railroad contracts is both expensive to the people and demoralizing in its operation, and demands a refor- mation, therefore, be it Resolved^ That the Committee on General Provisions be in- structed to prepare an article prohibiting the Legislature from entering into any contract with any railroad, river, bayou, ditch or canal company in the future, that will require any of said companies to comply with the terms of their contracts under a period of fifty years. Referred to the Committee on General Provisions. Mr. Stewart ofiered the following resolution : Resolved^ That the Legislature, at its fii'st and second general sessions, shall have power to provide for the annual assessment and collection of a special tax for the maintenance of public common free schools, the said tax not to exceed the general State tax, and when collected and paid into the State Treasury, to be by the Governor, Comptroller and Treasurer distributed to the several counties in this State, according to their respective scholastic population. And the said tax shall never be used by the State or counties for any other purpose than the maintenance of unsectarian public common free schools. Referred to the Committee on Education. Mr. Nunn moved to take up his resolution relative to night sessions. The chair ruled that it required a two-thirds vote to take up the resolution out of its order. Mr. Nunn appealed from the decision of the chair. The Convention sustained the chair. Mr. Stewart offered the following resolution : Resolved^ That three millions of acres of the public domain is hereby reserved and set apart for the purpose of building a State Capitol and other necessary public buildings at the seat of government, which lands shall not be sold within ten years from the adoption of this constitution. Referred to Committee on State Affairs. *' Article — , Judicial Department," taken up. Mr. Flournoy's substitute pending. Mr. Whitfield moved to lay Mr. Plournoy's substitute on the table. Whereupon the yeas and nays were called, and the Convention Nm). II, 1875.] CONSTITUTIONAL CONVENTION. 639 refused to lay the substitute on the table by the following vote : Yeas — Abernathy, Ballinger, Brown, Cardis, Cline, Davis of Brazos, Davis of Wharton, DeMorse, Dillard, Dohoney, Ferris, Fleming, Henry of Limestone, Henry of Smith, Kilgore, Kil- lough, Lockett, McCormick, Mitchell, Moore, Murphy, Martin of Hunt, Nugent, N'unn, Reagan, Rentfro, Eeynolds, Sansom, Smith, Stockdale, Waelder, Whitfield— 32. Nays — Abner, Allison, Barnett, Blassingarae, Bruce, Burleson, Crawford, Darnell, Douglas, Flournoy, Gaither, German, Graves, Haynes, Johnson of Collin, Johnson of Franklin, Lacy, McKin- ney of Denton, McKinney of Walker, McLean, Martin of Na- varro, Norvell, Pauli, Ramey, Robertson of Bell, Robison ol Fayette, Ross, Russell of Wood, Sessions, Spikes, Stayton, Wade, Whitehead— 33. The hour having arrived for considering the special order, viz : " Article — , General Provisions," it was taken up, and on mo- tion of Mr. King, postponed until the pending business shall be disposed of. Mr. Wade moved to close debate on the pending substitute. Carried by the following vote : Yeas — Abernathy, Allison, Ballinger, Barnett, Blassingame, Brown, Bruce, Burleson, Cardis, Chambers, Cooke of San Saba, DeMorse, Dillard, Dohoney, Douglas, Ferris, Fleming, Flournoy, Gaither, Graves, Haynes, Henry of Limestone, Johnson of Collin, Johnson of Franklin, Kilgore, Killough, Lacy, McCormick, McKinney of Denton, McKinney of Walker, McLean, Moore, Murphy, Martin of Navarro, Martin of Hunt, Norvell, Nugent, Nunn, Pauli, Ramey, Reagan, Rentfro, Robison of Fayette, Ross, Sansom, Sessions, Spikes, Stewart, Stockdale, Wade, Waelder, Whitehead, Whitfield— 53. Nays — Abner, Brady, Cline, Crawford, Darnell, Davis of Brazos, Davis of Wharton, Flanagan, Henry of Smith, King, Lockett, Mitchell, Reynolds, Robertson of Bell, Russell of Wood, Smith— 16. The question then recurring on the adoption of Mr. Flournoy's substitute, the same was put, and the substitute lost by the fol- lowing vote : Yeas — Allison, Barnett, Blassingame, Bruce, Cardis, Craw- ford, Flournoy, Johnson of Collin, Johnson of Franklin, McLean, Russell of Wood— 11. Nays — Abernathy, Abner, Ballinger, Blake, Brady, Burleson, Chambers, Cline, Cooke of San Saba, Darnell, Davis of Brazos, Davis of Wharton, DeMorse, Dillard, Dohoney, Douglas, Ferris, 640 JOURNAL OF THE {Nov. ii, 1875. Flanagan, Fleming, Gaither, German, Haynes, Henry of Lime- stone, Henry of Smith, Kilgore, Killough, King, Lacy, Lockett, McCormick, McKinney of Walker, Mitchell, Moore, Murphy, Martin of Hunt, Norvell, Nugent, Nunn, Pauli, Eeagan, Rent- fro, Reynolds, Robertson of Bell, Robison of Fayette, Ross, San- som, Sessions, Smith, Spikes, Stayton, Stewart, Stockdale, Wade, Wharton, Whitehead, Whitfield— 56. Mr. Graves was paired off with Mr. Scott, but for which he would have voted " no." Mr. IS^ugent moved to reconsider the vote just taken, and to law the motion on the table. Carried. Mr. Waelder offered the following amendment : Insert after the word *' court,*' in line 2, section 1, the words " in a Court of Appeals." Adopted by the following vote : Yeas — Abernathy, Ballinger, Barnett, Brown, Cline, Cooke of San Saba, Davis of Brazos, Davis of Wharton, Ferris, Fleming, Gaither, Henry of Limestone, Henry of Smith, Killough, King, Lacy, Lockett, McCormick, Moore, Murphy, JS^orvell, Ntigent, Nunn, Pauli, Reagan, Rentfro, Robison of Fayette, Sansom, Sessions Smith, Stayton, Stewart, Stockdale, Wade, Waelder, Whitehead, Whitfield— 37. Nays — Allison, Blassingame, Bruce, Crawford, DeMorse, Dillard, Dohoney, Douglas, Flournoy, German, Graves, Haynes, Johnson of Collin, Johnson of Franklin, Kilgore, McKinney of Denton, McLean, Martin of Navarro, Martin of Hunt, Raniey, Ross, Russell of Wood, Spikes — 23. Mr. Russell, of Wood, offered the following amendment : Strike out all of section 1 after the word " law," in fourth line. Mr. Nugent moved to lay the amendment on the table. Lost by the following vote : Yeas — Ballinger, Barnett, Cooke of San Saba, Darnell, Davis of Brazos, Ferris, Gaither, Haynes, King, Murphy, Nugent, Nunn, Reagan, Sansom, Smith, Stewart, Stockdale, Wael- der—18. Nays — Allison, Blassingame, Bruce, Burleson, Cardis, Cham- bers, Cline, Crawford, Davis of Wharton, DeMorse, Dillard, Dohoney, Fleming, Flournoy, German, Graves, Henry of Lime- stone, Henry of Smith, Johnson of Collin, Johnson of Franklin, Kilgore, Killough, Lacy, Lockett, McCormick, McLean, Moore, Martin of Navarro, Norvell, Pauli, Raraey, Rentfro, Robison of Nov, 11,1875.] CONSTITUTIONAL CONVENTION. 641 Fayette, Koss, Russell of Wood, Sessions, Spikes, Stayton, Wade, Whitehead, Whitfield— 41. Mr. Russell, of Wood, by leave withdrew his amendment. Mr. Dohoney offered the following amendment : Amend section 1, line 7, by striking out "fifteen" and insert " thirty." On motion of Mr. Johnson, of Collin, the Convention ad- journed to 2^ p. M. EVENING SESSION— 2i o'clock. Convention met pursuant to adjournment ; roll called ; quorum present. The pending business was taken up, being the amendment of Mr. Dohoney to section 1 of article on Judiciary, to strike out the word " fifteen " before the word " thousand," and insert " thirty." The amendment was adopted by the following vote : Yeas — Abernathy, Allison, Bruce, Chambers, Cooke of San Saba, Davis of Wharton, DeMorse, Dohoney, Douglas, Fleming, Gaither, German, Graves, Haynes, Henry of Limestone, Henry of Smith, Johnson of Collin, Johnson of Franklin, Kilgore, Lacy, McCormick, McKinney of Denton, Mitchell, Moore, Martin of Navarro, Martin of Hunt, Nor veil, Nugent, Nunn, Pauli, Ramey, Rentfro, Reynolds, Robison of Fayette, Ross, Russell of Wood, Sessions, Spikes, Stayton, Wade, Whitehead — 41. Nays — Ballinger, Barnett, Brown, Burleson, Cardis, Cline, Crawford, Darnell, Dillard, Ferris, Flournoy, Kiilough, King, McKinney of Walker, Murphy, Reagan, Sansom, Smith, Stewart, Stockdale, Waelder, Whitfield— 22. Mr. Russell, of Wood, offered the following as an amendment to be added to section 1, as amended : "Provided, such town or city shall support said Criminal District Court, when established." Adopted. Mr. Cline offered the following amendment : Strike out all of section 1, beginning with the word "such," in line 3, and insert the words " municipal courts." Lost. Mr. King offered the following amendment to section 1 : In lines 6 and 7 strike out the words " containing at least fifteen thousand inhabitants," and insert after the word " city " the words, " which, together with the county in which it may be situated, contains an aggregate population of thirty thousand." Lost. 4» 642 JOURNAL OF THE {Nov. ii, 1875. Mr. Waelder offered the following amendment : In section 2, line 12, stike out " fom* " and insert " two ; " in line 13 strike out " three " and insert " two ; " and in line 14 strike out '' a majority of the " and insert " two ; " and also strike out the word " sitting " in line 14. Adopted. Mr. Whitfield offered his substitute, heretofore presented, as a substitute for section 2 ; and also offered to amend his substitute by striking out the word " five," in line 4, and insert " and as many district judges as may be hereafter provided." Lost by the following vote : Yeas — Allison, Ballinger, Burleson, Cardis, Cooke of San Saba, Crawford, Davis of Brazos, Dillard, Fleming, Flournoy, Haynes, Henry of Limestone, Killough, King, McCormick, Mc- Kinney of Walker, Moore, Murphy, Nugent, Nunn, Reagan, Robison of Fayette, Sansom, Stay ton, Stewart, Stockdale, Wade, Whitehead, Whitfield— 29. Nays — Abernathy, Barnett, Blassingame, Brady, Brown, Bruce, Chambers, Cline, Darnell, Davis of Wharton, DeMorse, Dohoney, Douglas, Ferris, Gaither, German, Graves, Henry of Smith, Johnson of Collin, Johnson of Franklin, Kilgore, Lacy, Lockett, McKinney of Denton, Mitchell, Martin of Navarro, Martin of Hunt, Nor veil, Pauli, Ramey, Rentfro, Reynolds, Ross, Russell of Wood, Sessions, Smith, Spikes, Waelder — 38. Mr. Bruce offered the following amendment: In section 2, line 22, strike out *' eight " and insert " six." Mr. German offered the following amendment to the amend- ment : Amend section 2, line 22, by striking out the words "shall hold their offices for eight years," and insert "shall hold their oflices for four years." Mr. Barnett moved to lay the amendment on the table. Carried, by the following vote : Yeas — Abernathy, Abner, Allison, Ballinger, Barnett, Blas- singame, Brady, Brown, Bruce, Burleson, Cardis, Chambers, Cline, Cooke of San Saba, Darnell, Davis of Brazos, Ferris, Fleming, Flournoy, Gaither, Graves, Ilaynes, Henry of Smith, Kilgore, Killough, King, Lacy, Lockett, McCormick, McKinney of Walker, Mitchell, Moore, Murphy, Martin of Navarro, Mar- tin of Hunt, Nugent, Pauli, Ramey, Reagan, Reynolds, Robert- son of Bell, Robison of Fayette, Ross, Russell of Wood, San- som, Sessions, Smith, Spikes, Stayton, Stewart, Stockdale, Wade, Waelder, Whitehead — 54. Nays — Crawford, Davis of Wharton, DeMorse, Dillard, Do- Nov. II, 1875.] CONSTITUTIONAL CONVENTION. 643 honey, Douglas, German, Henry of Limestone, Johnson of Col- lin, Johnson of Franklin, Norvell, Nunn, Rentfro — 13. Mr. Bruce offered the following amendment : In section 2, line 23, strike out the words " four thousand," and insert "three thousand." Mr. Sansom offered the following as a substitute for the amendment : Strike out the words " four thousand," and insert " three thousand and five hundred." Mr. Gaither moved to lay the amendments on the table. Mr. Russell, of Wood, called for a division on the question. The amendment of Mr. Bruce to strike out the word " eight," and insert '' six," in section 2, line 22, was voted on. The Convention then laid the motion on the table by the fol- lowing vote : Yeas — Abernathy, Abner, Allison, Ballinger, Brown, Burle- son, Cline, Davis of Brazos, Ferris, Fleming, Flournoy, Gaither, Haynes, Henry of Smith, Kilgore, Killough, King, McCormick, McKinney of Walker, Moore, Murphy, Martin of JS"avarro, Mar- tin of Hunt, Pauli, Reagan, Reynolds, Ross, Sessions, Stayton, Stewart, Stockdale, Wade, Waelder — 33. Nays — Barnett, Blassingame, Brady, Bruce, Chambers, Craw- ford, Darnell, Davis of Wharton, DeMorse, Dohoney, Douglas, German, Graves, Henry of Limestone, Johnson of Collin, John- son of Franklin, Lacy, Lockett, McKinney of Denton, Mitchell, Nor veil, Nugent, Nunn, Ramey, Rentfro, Robertson of Bell, Robison of Fayette, Russell of Wood, Sansom, Spikes, White- head—31. The Convention then laid the substitute offered by Mr. San- som on the table by the following vote : Yeas — Abernathy, Ballinger, Brady, Brown, Cline, Davis of Brazos, Davis of Wharton, Dohoney, Ferris, Flournoy, Gaither, Haynes, Henry of Limestone, Henry of Smith, Kilgore, King, McCormick, McKinney of Walker, Moore, Murphy, Martin of Navarro, Nunn, Pauli, Reagan, Reynolds, Ross, Ses- sions, Stayton, Stewart, Stockdale, Wade, Waelder, Whitfield —33. Nays — Abner, Allison, Barnett, Blassingame, Bruce, Burleson, Chambers, Crawford, Darnell, DeMorse, Douglas, Fleming, Ger- man, Graves, Johnson of Collin, Johnson of Franklin, Killough, Lacy, Lockett, McKinney of Denton, Mitchell, Martin of Hunt, Norvell, Nugent, Ramey, Rentfro, Robertson of Bell, Robison of Fayette, Russell of Wood, Sansom, Spikes, Whitehead — 32. The amendment offered by Mr. Bruce, to strike out " four 644 JOURNAL OF THE {Nov, ii, 1875. thousand " and insert " three thousand," was then laid on the table by the following vote : Yeas — Abernathy, Abner, Ballinger, Brown, Burleson, Cline, Darnell, Davis of Brazos, Davis of Wharton, DeMorse, Dohoney, Douglas, Ferris, Flournoj, Gaither, Haynes, Henry of Smith, Kilgore, Killough, King, McCormick, McKinney of Walker, Moore, Murphy, Martin of Navarro, Martin of Hunt, Norvell, Nunn, Pauli, Reagan, Reynolds, Robison of Fayette, Ross, Ses- sions, Smith, Stayton, Stewart, Stockdale, Waelder, Whitfield —40. Nays — Allison, Barnett, Blassingame, Brady, Bruce, Cham- bers, Crawford, Fleming, German, Graves, Henry of Limestone, Johnson of Collin, Johnson of Franklin, Lacy, Lockett, Mitchell, Nugent, Ramey, Rentfro, Robertson of Bell, Russell of Wood, Sansom, Spikes, Wade, Whitehead — 25. Mr. Haynes ofibred the following amendment : Section 2, strike out lines 12 and 13 to the word " and," in line 13, and insert the following : " The Supreme Court shall consist of three justices, who shall be elected for the term of twelve years, and after the first election after the adoption of this constitution shall be divided by lot into three classes. The term of the first class to expire at the end of four years ; the term of the second class to expire at the end of eight years ; and the term of the third class to expire at the end of twelve years." Lost. Mr. German ofi*ered the following amendment : In section 2, line 23, strike out " four thou^^nd dollars," and insert " not more than three thousand five hundred and fifty dollars." Mr. McCormick moved to lay the amendment on the table. Carried by the following vote : Yeas — Abernathy, Ballinger, Barnett, Brady, Brown, Bruce, Burleson, Cline, Darnell, Davis of Brazos, Davis of Wharton, Dohoney, Ferris, Flournoy, Gaither, Graves, Haynes, Henry of Smith, Kilgore, Killough, King, McCormick, McKinney of Walker, Moore, Murphy, Martin of Navarro, Nunn, Pauli, Rea- gan, Reynolds, Robison of Fayette, Ross, Sessions, Stayton, Stewart, Stockdale, Waelder, Whitfield— 38. Nays — Abner, Allison, Blassingame, Chambers, Crawford, DeMorse, Douglas, Fleming, German, Henry of Lime&tone, Johnson of Collin, Johnson of Franklin, Lacy, Lockett, McKin- ney of Denton, Mitchell, Martin of Hunt, Nor veil, Nugent, Ramey, Rentfro, Robertson of Bell, Russell of Wood, Sansom, Smith, Spikes, Wade, Whitehead — 28. Nffv. 13, 1875.] CONSTITUTIONAL CONVENTION. 645 Mr. Nunn moved to reconsider the vote just taken, and to lay the motion to reconsider on the table. Lost by the following vote : Yeas — Abernathy, Ballinger, Brady, Brown, Burleson, Dar- nell, Davis of Brazos, Davis of Wharton, Dohoney, Ferris, Flournoy, Gaither, Haynes, Henry of Smith, Kilgore, Killough, King, McCormick, McKinney of Walker, Moore, Mnrphy, Nunn, Pauli, Reagan, Rentfro, Reynolds, Ross, Sessions, Stavton, Stew- art, Stockdale, Waelder, Whitfield— 83. JS^ATS — Abner, Allison, Barnett, Blassingame, Bruce, Cham- bers, Cline, Cooke of San Saba, Crawford, DeMorse, Douglas, Fleming, German, Graves, Henry of Limestone, Johnson of Collin, Johnson of Franklin, Lacy, Lockett, McKinney of Den- ton, Mitchell, Martin of Navarro, Martin of Hunt, Norvell, Nugent, Ramey, Robertson of Bell, Robison of Fayette, Russell of Wood, Sansom, Smith, Spikes, Wade, Whitehead — 34. Mr. Graves moved to adjourn until 9 o'clock a. m. Saturday. Carried, by the following vote : Yeas — Abner, Allison, Ballinger, Barnett, Brady, Brown, Cline, Cooke of San Saba, Crawford, Darnell, Davis of Brazos, Davis of Wharton, DeMorse, Dohoney, Douglas, Fleming, Flour- noy, Graves, Henry of Smith, Kilgore, Killough, King, Lockett, Mitchell, Moore, Murph}^, Martin of Navarro, Martin of Hunt, Nugent, Pauli, Rentfro, Reynolds, Stayton, Stockdale, White- head— 35. Nats — Abernathy, Blassingame, Bruce, Burleson, Chambers, Ferris, Gaither, German, Haynes, Henry of Limestone, Johnson of Collin, Johnson of Franklin, Lacy, McCormick, McKinney of Denton, McKinney of Walker, Norvell, Nunn, Ramey, Reagan, Robertson of Bell, Robison of Fayette, Ross, Russell of Wood, Sansom, Sessions, Smith, Spikes, Stewart, Wade, Waelder, Whit- field—32. FIFTY-NINTH DAY. Hall of Representatives Austin, Texas, November 13, 1875 .1 Convention met pursuant to adjournment ; roll called ; quorum present. Prayer by the Rev. R. H. Willenburg, of the Cum- berland Presbyterian Church, at Austin. Journal of yesterday read and adopted. 646 JOURNAL OF THE [JVov. 13, 1875. On motion of Mr. "Whitfield, Mr. McCormick was excused un- til Wednesday morning. On motion of Mr. Gaitlier, Mr. Robison, of Fayette, was ex- cused until Monday morning. On motion of Mr. Nugent, Mr. Haynes was excused until "Wednesday morning. On motion of Mr. Spikes, Mr. Russell, of Wood, was excused on account of sickness. Mr. l^orvell ofi'ered the following resolution : Whereas, The time fixed for final adjournment is drawing near, and there yet remains a considerable amount of work to be done, therefore, Resolved^ That rule 11, of the Rules and Order of Proceeding, be amended so as to read as follows : " Rule 11. No member shall speak more than once in any one debate, until every member desiring to do so shall have spoken ; nor shall any member speak more than twice in any one debate, nor longer than five minutes at any one time." Adopted. Mr. Dohoney moved to amend by striking out the word " five," and inserting " ten." Lost. Mr. Fleming moved to suspend the rules, and act upon the resolution. Motion sustained and resolution adopted. UNFINISHED BUSINESS. " Article — , Judicial Department," taken up, the pending question being the motion to reconsider the vote refusing to adopt Mr. German's amendment relative to salaries of judges. A call of the Convention ordered. Absent — Messrs. Brady, Bruce, Cooley, Davis of Wharton, Henry of Smith, King, McLean, Waelder, and West. On motion of Mr. Reagan, Mr. West was excused. Mr. Stewart's amendment, pending an adjournment, was adopted. Mr. Stewart offered the following amendment : Amend section 2, by striking out all that portion of the sec- tion down to and including the word " case," in line 4, and in- serting the following, viz.: " The Supreme Court shall consist of six justices, wlio shall elect a presiding officer from their own number, who shall be styled the Chief Justice ; a majority of whom, when sitting in banc, shall constitute a quorum and be necessary to the decision of a cause; when sitting in bancs the Chief Justice shall, for the better dispatch of business, have Nov. 13, 1875.J CONSTITUTIONAL CONVENTION. OIY power, as often as he may deem it necessary, to divide the court into two equal sections, and when sitting in sections the concur- rence of all three of the judges of the section shall be necessary for a decision of any cause before it ; and in case of disagreement in the section of the court, the cause shall be decided by the court in banc, and the Chief Justice may assemble the court to sit in banc at any time during the term thereof, for the trial of causes and the transaction of the business of the court." Lost by the following vote : Yeas — DeMorse, Flournoy, Robertson of Bell, Stayton, Stew- art— 5. Nays — Abernathy, Abner, Allison, Arnim, Ballinger, Blake, Blassingame, Brown, Burleson, Cardis, Chambers, Cline, Cooke of San Saba, Crawford. Darnell, Davis of Brazos, Davis of Wharton, Dillard, Dohouey, Douglas, Ferris, Fleming, Gaither, German, Graves, Henry of Limestone, Henry of Smith, Holt, Johnson of Collin, Kilgore, Killough, Lockett, McKinney of Denton, McKinney of Walker, Mills, Mitchell, Moore, Murphy, Martin of Navarro, Martin of Hunt, Norvell, Nugent, Nunn, Pauli, Eamey, Reagan, Rentfro, Reynolds, Ross, Sansom, Ses- sions, Smith, Spikes, Stockdale, Wade, Waelder, Whitehead — 57. Mr. Dohoney proposed to amend section 2, line 22, by striking out the word "eight" and inserting "six." Adopted. Mr. Norvell offered the following amendment : Amend section 2 by striking out, after the word " State," in line 18, the words " and unless he shall have attained the age of thirty years, and have been a practicing lawyer or a Judge of a District Court in the State, or such lawyer and judge together, at least seven years." Lost. Mr. Mills moved to suspend the call. Lost. Mr. Mills, on his own motion, was excused. Mr. Nunn asked leave to withdraw his motion to reconsider. Refused. Mr. Barnett affered to amend section 3, lines 48 and 49, by striking out all after "government." Lost by the following vote : Yeas — Arnim, Barnett, Blassingame, Brady, Bruce, Burle- son, Cline, Cooke of San Saba, Dohoney, Fleming, German, Graves, Henry of Limestone, Holt, Johnson of Collin, Lacy, McKinney of Denton, Moore, Martin of Hunt, Nugent, Pauli, Rentfro, Robertson of Bell, Sansom, Smith, Stayton, Stewart — 27. G48 JOURNAL OF THE {Nov. 13, 1875. Nays — Abernathy, Abner, Allison, Ballinger, Blake, Brown, Cardis, Chambers, Crawford, Darnell, Davis of Brazos, Davis of Wharton, DeMorse, Dillard, Douglas, Ferris, Flournoy, Ford, Gaither, Henry of Smith, Jolmson of Franklin, Kilgore, Kil- lough, Lockett, McKinney of Walker, Mitchell, Murphy, Martin of Navarro, Norvell, Nunn, Kamey, Beagan, Beynolds, Boss, Sessions, Spikes, Stockdale, Wade, Waelder, White'head — 40. Mr. Waelder offered the following substitute for section 3 : " Sec. 3. The Supreme Court shall have appellate jurisdiction only, which shall be co-extensive with the limits of the State, but shall only extend to civil cases, of which the District Courts have original or appellate jurisdiction. Appeals may be allowed from interlocutory judgments of tlie District Courts, in such cases and tmder such regulations as may be provided by law. The Supreme Court and the judges thereof shall have power to issue, under such regulations as may be prescribed by law, the writ of raandamus and all other writs necessary to enforce the jurisdiction of said court. The Supreme Court shall have power, upon affidavit, or otherwise, as by the court may be thought proper, to ascertain such matters of fact as may be necessary to the proper exercise of its jurisdiction. The Supreme Court shall sit for the transaction of business from the first Monday in October until the last Saturday of June of every year, at the aeat of government, and at not more than two other places in the State." Adopted. Mr. Browm proposed to amend section 3 as follows : Amend section 3, line 48, by striking out the words, " and not more than two other places," and inserting " until otherwise pro- vided by law, at the cities of Dallas and Galveston." Withdrawn. Mr. Norvell offered the following amendment : " Strike out section 5." Carried. Mr. Waelder offered the following substitute : " Sec. 5. The Court of Appeals shall consist of three judges, any two of whom shall constitute a quorum, and the concurrence of two judges shall be necessary to a decision by said court. They shall be elected by the qualified voters of the State, at a general election ; they shall be citizens of the United States, and of this State ; shall liave arrived at the age of thirty years at the time of election, and shall have been a practicing lawyer or a judge of a court in this State, or such lawyer and judge to- gether, for at least seven years. Said judges shall hold their Nov. 13, 1875.] CONSTITUTIONAL CONVENTION. 649 offices for a term of .... years, and each of them shall receive an annual salary of , which shall not be increased nor diminished during their terms of office." Adopted. "Sec. 6. The Court of Appeals shall have appellate jurisdic- tion co-extensive vs^ith the limits of the State in all criminal cases of whatever grade, and in all civil cases, unless hereafter otherwise provided by law, of which the County Courts have original and appellate jurisdiction. In civil cases the court shall not deliver opinions in writing. The Court of A ppeals and the judges thereof shall have power to issue the writ oi habeas corpus ; and, under . such regulations as may be prescribed by law, issue such writs as may be necessary to enforce its own jurisdic- tion. The Court of Appeals shall also have power, upon affi- davits or otherwise, as by the court may be thought proper, to ascertain such matters of fact as may be necessarj^ to the proper exercise of its jurisdiction. The Court of Appeals shall sit, for the transaction of business, from the first Monday of October until the last Saturday of June of every year, at the capitol, and at not more than two other places in the State, at which the Supreme Court shall hold its sessions. The court shall appoint a clerk for each place at which it may sit, and each of said clerks shall give bond in such manner as is now, or may here- after be required by law ; shall hold his office for four years, and shall be subject to removal by the said court for good cause, entered of record on the minutes of said court." Adopted. Mr. Waelder offered the following amendment : " Sec. 7. All cases now pending in the Supreme Court of which the Court of Appeals has appellate jurisdiction under the pro- visions of this article, shall, as soon as practicable after the estab- lishment of said Court of Appeals, be certified, and the records transmitted to the Court of Appeals, and shall be decided by such Court of Appeals, as if the same had been originally ap- pealed to such court." Adopted. Mr. I^orvell offered the following amendment : Amend section 6 by filling the blank with the word " six." Adopted by the following vote : Yeas — Allison, Barnett, Blake, Blassingame, Brady, Burleson, Cardis, Chambers, Cooke of San Saba, Crawford, Darnell, DeMorse, Dillard, Dohoney, Douglas, Fleming, Flournoy, Gaither, German, Graves, Henry of Limestone, Holt, Johnson of Collin, Johnson of Franklin, Killough, Lockett, McKinney of 650 JOURNAL OF THE \Nov. 13, 1875. Denton, McKinney of Walker, Mitchell, Martin of IS'avarro, Mar- tin of Hunt, Norvell, Nugent, Nunn, Pauli, Eamey, Eentfro, Keynolds, Robertson of Bell, Sansom, Sessions, Smith, Spikes, Stockdale, Wade, Whitehead— 46. JSTats — Abernathy, Arnim, Ballinger, Brown, Oline, Davis of Brazos, Davis of Wharton, Ferris, Henry of Smith, Kilgore, King, Lacy, Moore, Murphy, Reagan, Stayton, Waelder — 17. Mr. Johnson, of Collin, proposed to amend section 6, line 69, by striking out the words " three thousand " and inserting " two thousand five hundred, and no more." Mr. Waelder offered the following substitute : " Sec. 8. The State shall be divided into convenient Judicial Districts, which may be increased or diminished by the Legisla- ture ; each district shall have a judge, who shall reside in the same, and receive an annually salary of dollars, and who shall hold courts at one place in each county, and at least twice in each year, as may be prescribed by law, and said judges may be required to hold terms of their courts more than twice annually in any county, should the Legislature so direct. The judges of the several districts shall be elected by the qualified electors thereof, at a general election for members of the Legisla- ture ; each judge shall be at least twenty-five years of age; shall be a citizen of the United States ; shall have been a practicing attorney or judge of a court, in the courts of this State, for at least four years, and shall hold his oflice for the term of .... years." Lost. Mr. Brown offered the following amendment : Amend section 6 by inserting after the word " Legislature " the words, " and when any judge may be deprived of office by the abolition of his district, he shall receive no further salary." Adopted. Mr. McKinney, of Walker, offered the following amendment to section 6 : Amend by inserting after the word " years," " and shall have resided in the district in which he is elected for two years next before his election." Mr. Barnett moved to excuse Mr. Cooley. Mr. llentfro made the point of order, viz : that no member could be excused without his consent. Mr. Waelder moved to excuse Mr. Cooley by his request. Carried. Mr. Flournoy moved to excuse Mr. Flanagan. Lost. Nov. 13, 1875.] CONSTITUTIONAL CONVENTION. 651 Mr. Fleming, proposing to pair oif with Mr. Flanagan, moved to excuse him. Lost. Mr. McKinney's (of Walker) amendment adopted. Mr. Waelder's substitute lost. Mr. Whitfield offered the following amendment : Amend section 6 by adding the following : " Provided, that the District Judges for the first term, under this constitution, shall be appointed by the Governor, by and with the advice and consent of the Senate ; after which they shall be elected as in this section provided." Lost by the following vote : Yeas — Ballinger, Blake, Brown, Cooke of San Saba, Douglas, Ferris, Henry of Smith, King, Lacy, McKinney of Walker, Moore, Eeagan, Sansom, Stayton, Stewart, Waelder, Whitfield —17. Nays — Abernathy, Abner, Allison, Arnim, Barnett, Blassin- game, Brady, Bruce, Burleson, Cardis, Chambers, Cline, Craw- ford, Darnell, Davis of Wharton, DeMorse, Dohoney, Fleming, Flournoy, Ford, Gaither, German, Graves, Henry of Limestone, Holt, Johnson of Collin, Kilgore, Killough, Lockett, McKinney of Denton, McLean, Mills, Mitchell, Murphy, Martin of Navarro, Martin of Hunt, Norvell, Nugent, Nunn, Pauli, Eamey, Kent- fro, Reynolds, Robertson of Bell, Ross, Sessions, Smith, Spikes, Stockdale, Wade, Whitehead — 51. Mr. Waelder proposed to amend by adding after the word " necessary," in line 7i, the words " and to provide for holding more than two terms of the court in any county." Adopted. Mr. Martin, of Navarro, proposed to amend line ^^^ by insert- ing after the words " practicing attorney," the words " or a judge of a court in this State." Adopted. Mr. Stewart proposed to amend section 6, line 63, by striking out the word " thereof," and insert " of the State." Lost. Mr. Waelder offered the following substitute for section 7 : " Sec. 7. The District Court shall have original jurisdiction of all criminal cases of the grade of felony ; of all suits in behalf of the State to recover penalties, forfeitures and escheats ; of all cases of divorce ; in cases of misdemeanor involving official mis- conduct ; of all suits to recover damages for slander or defama- tion of character ; of all suits for the trial of title to land, and to enforce liens on land ; of all suits for the trial of right to 652 JOURNAL OF THE {Nov. 13, 1875. property levied on by virtue of any writ of execution, sequestra- lion or attachment, when the property levied on shall be equal to, or exceed in value, five hundred dollars ; and of all suits, complaints or pleas whatever, without regard to any distinction between law and equity, when the matter in controversy shall be valued at or amount to five hundred dollars, exclusive of in- terest ; and the said courts and the judges thereof shall have power to issue writs of haheas corpus in felony cases, mandamus^ injunction, certiorari^ and all writs necessary to enforce their jurisdiction. The District Courts shall have appellate jurisdic- tion and general control in probate matters over the County Court established in each county for appointing guardians, grant- ing letters testamentary and of administration ; for settling the accounts of executors, administrators and guardians, and for the transaction of business appertaining to estates ; and original jurisdiction and general control over executors, administrators, guardians and minors, under such regulations as may be pre- scribed by the Legislature." Adopted by the following vote : Yeas — Abernathy, Abner, Arnim, Ballinger, Barnett, Blake, Blassingame, Brown, Bruce, Burleson, Cardis, Chambers, Cline, Cooke of San Saba, Darnell, Davis of Brazos, Dohoney, Douglas, Ferris, Fleming, Ford, Graves, Henry of Limestone, Henry of Smith, Holt, Johnson of Collin, Johnson of Franklin, Kilgore, Killough, King, Lacy, McKinney of Denton, Moore, Murphy, Martin of ISTavarro, Martin of Hunt, IS'ugent, Nunn, Keagaii, Kobertson of Bell, Koss, Sansom, Sessions, Smith, Stayton, Stewart, Stockdale, Wade, Waelder — 49. Nays — Allison, Brady, Crawford, Davis of Wharton, De- Morse, Dillard, Flournoy, Gaither, German, Lockett, McLean, Mills, Mitchell, Norvell, Pauli, Bamey, Kentfro, Reynolds, Whitehead— 19. Mr. Graves proposed to amend section 8, line 111, by striking out the word " four," and inserting " two." Adopted by the following vote : Yeas — Abner, Allison, Barnett, Blake, Blassingame, Brown, Bruce, Cardis, Chambers, Cooke of San Saba, Crawford, Darnell, Dillard, Dohoney, Douglas, Fleming, Flournoy, German, Graves, Henry of Limestone, Holt, Johnson'of CoUni, Johnson of Frank- lin, Killouirh, King, Lacy, McKinney of Denton, McKinney of Walker, McLean, Mills, Martin of* Navarro, Norvell, Nugent, Nunn, Ramey, Reagan, Ross, Sansom, Sessions, Stewart — 40. Nays — Abernathy, Arnim, Ballinger, Brady, Burleson, Cline, Davis of Brazos, Davis of Wharton, DeMorse, Ferris, Ford, Nov, 13, 1875.J CONSTITUTIONAL CONVENTION. 653 Gaither, Henry of Smith, Kilgore, Lockett, Mitchell, Moore, Murphy, Martin of Hunt, Pauli, Rentfro, Reynolds, Robertson of Bell, Smith, Spikes, Stayton, Stockdale, Wade, Waelder, Whitehead— 30. The Convention being full, on the appearance of absentees, the question on Mr. Nunn's motion to reconsider, upon which the Convention was called, was put and the motion carried by the following vote : Yeas — Abner, Allison, Barnett, Blassingame, Brady, Bruce, Burleson, Chambers, Cooke of San Saba, Crawford, Davis of Wharton, DeMorse, Dillard, Douglas, Flanagan, Fleming, Ger- man, Henry of Limestone, Holt, Johnson of Collin, Johnson of Franklin, Lacy, Lockett, McKinney of Denton, McLean, Mills, Mitchell, Martin of Navarro, Martin of Hunt, Nor veil, Nugent, Pauli, Ramey, Reynolds, Robertson of Bell, Sansom, Sessions, Smith, Spikes, Wade — 40. Nays — Ballinger, Blake, Brown, Cardis, Darnell, Davis of Brazos, Dohoney, Ferris, Ford, Gaither, Henry of Smith, Kil- fore, Killough, King, McKinney of Walker, Moore, Murphy, Tunn, Reagan, Rentfro, Ross, Stayton, Stewart, Stockdale, Waelder, Whitehead, Whitfield— 27. Mr. Arnim was paired off* with Mr. Cooley, but for which he would vote " yea." Mr. Abernathy was paired off with Mr. Scott, but for which he would vote "nay." Mr. Cline was paired off with Mr. Robison, of Fayette, but for which he would vote " nay." Mr. Flournoy was paired off with Mr. Russell of Wood, but for which he would vote " nay." Mr. Graves was paired off with Mr. West, but for which he would vote " yea." The vote having been reconsidered on the queston on the adoption of the amendment, on motion of Mr. Wade debate was closed, and the amendment adopted by the following vote : Yeas — Abner, Allison, Barnett, Blassingame, Brady, Bruce, Burleson, Chambers, Cooke of San Saba, Crawford, Dav's of Wharton, DeMorse, Dillard, Douglas, Flanagan, German, Henry of Limestone, Holt, Johnson of Collin, Johnson of Franklin, Lacy, Lockett, McKinney of Denton, McLean, Mills, Mitchell, Martin of Hunt, Nugent, Ramey, Reynolds, Robertson of Bell, San- som, Sessions, Smith, Spikes, Wade — 36. Nays — Ballinger, Blake, Brown, Cardis, Darnell, Davis of Brazos, Dohoney, Ferris, Ford, Henry of Smith, Kilgore, Killough, K^'ng, McKinney of Walker, Moore, Murphy, Martin of Na- 654 JOUPvNAL OF THE {Nov, 13, 1875. varro, Norvell, Nunn, Reagan, Rentfro, Ross, Stajton, Stewart, Stockdale, Waelder, Whitehead — 27. The same members were paired off as on the vote to recon- sider. Mr. Fleming was paired off with Mr. Whitfield, but for which he would vote " yea." Mr. Abner moved to reconsider the vote just taken, and to lay the motion on the table. Mr. Dohoney offered the following amendment : Amend by adding after the word " years," at the end of line 22, of section 2, the w^ords, '^ provided, that the terms of office of the justices elected at the first general election, shall be divided by lot into three classes ; the term of the first class to be two years, the tei*m of the second to be four years, and the term of the third to be six years, in order that a new justice may be elected at each general election tliereafter, whose term of office shall be six years." Lost. Mr. Waelder moved to fill the blank salaries of Judges of Courts of Appeals by inserting $3550. Adopted. Mr. JBruce offered the following amendment: Section 6, line 61, after the word " into," insert " twenty -five." Adopted. Mr. Bruce offered to amend section 6, lines 68 and 69, by striking out " six " and inserting " four years." Adopted by the following vote : Yeas — Allison, Barnett, Blassingame, Bruce, Chambers, Craw- ford, Darnell, Davis of Wharton, DeMorse, Dillard, Dohoney, Douglas, Flanagan, F'lournoy, German, Henry of Limestone, Holt, Johnson of Collin, Johnson of Franklin, Lacy, McCabe, McKinney of Denton, McLean, Mills, Mitchell, Martin of ISTa- varro, Martin of Hunt, Norvell, Nugent, Nunn, Pauli, Ramey, Rentfro, Reynolds, Robertson of Bell, Sansom, Sessions, Smith, Spikes, Stewart, Wade, Whitehead — 42. ' Nays — Abernathy, Arnim, Ballinger, Brown, Burleson, Cline, Cooke of San Saba, Davis of Brazos, Ferris, Flemings Ford, Gaithcr, Kilgore, Killough, King, McKinney of Walker, Moore, Murphy, Reagan, Ross, Stay ton, Stockdale, Waelder — 23. Mr. Bruce offered the following amendment : Section 6, line 69, strike out "$3000" and insert "$2000." Mr. Barnett proposed to amend the amendment by inserting " $2500 " instead of " $3000." Adopted. Nov. 13, 1875.] CONSTITUTIONAL CONVENTION. 655 And amendment as amended was adopted by the following vote: Yeas — Abernathy, Abner, Allison, Barnett, Blassingame, Brady, Bruce, Burleson, Chambers, Cooke of San Saba, Craw- ford, Davis of Wharton, DeMorse, Dillard, Dohoney, Douglas, Flanagan, Flournoy, Gaither, German, Henry of Limestone, Holt, Johnson of Collin, Johnson of Franklin, Lacy, Lockett, McCabe, McKinney of Denton, McLean, Mills, Mitchell, Martin of Navarro, Martin of Himt, Nugent, Nunn, Pauli, Ramey, Reynolds, Robertson of Bell, Sansom, Sessions, Smith, Spikes, Stewart, Wade— 46. Nats — Ballinger, Davis of Brazos, Ferris, Ford, Henry of Smith, Kilgore, Killough, King, McKinney of Walker, Moore, Murphy, Norvell, Reagan, Rentfro, Ross, Stay ton, Stockdale, Waelder, Whitehead— 19. The same members were paired off as on two former votes on subject of salaries. Mr. Allison moved to reconsider the vote, and to lay the motion on the table. Carried. Mr. German proposed to amend by inserting after the word " of," in line 69, the words ''' not more than." [Mr. Stockdale in the chair.] On motion of Mr. Ramey, the Convention adjourned until 2|- o'clock p. M. EVENING SESSION— 2i o'clock. Convention met ; roll called ; quorum present. Consideration of pending business resumed, viz., "Article — , Judicial Depart- ment." Mr. Ramey reported, as follows : Committee Room, j Austin, November 13, 1875. f To the Hon. E. B. Pickett., President of tlie Convention : Sir — Your Committee on Engrossed and Enrolled Ordinances would respectfully report to your honorable body, that they have examined and compared "Article — , Public Lands and Land Office," and find the same correctly engrossed. Respectfully, Wm. Neal Ramey, Chairman. On motion of Mr. Graves, one hundred copies of the article were ordered printed. Mr. German, by leave, withdrew his pending amendment. 656 JOURNAL OF THE {Nov. 13, 1875. Mr. Graves offered the following amendment : Amend by striking out all after the word " hold," in line 114, and insert '' until the office can be filled by an election." Adopted. Mr. Waelder moved to reconsider the vote just taken. Lost by the following vote : Yeas — Abernathy, Blake, Blassingame, Burleson, Cardis, Chambers, Cooke of San Saba, Davis of Brazos, Dohoney, Gaither, Henry of Smith, Killough, Murphy, Martin of Hunt, ISTorvell, Nunn, Pauli, Keagan, Sansom, Spikes, Stewart, Waelder— 22. Nays — Abner, Allison, Arnim, Barnett, Cline, Darnell, Davis of Wharton, DeMorse, Douglas, Fleming, Flournoy, German, Graves, Henry of Limestone, Holt, Johnson of Collin, Johnson of Franklin, Lacy, Lockett, McKinney of Denton, McKinney of Walker, Mitchell, Martin of Navarro, Ramey, Rentfro, Reynolds, Robison of Fayette, Sessions, Whitehead — 29. Mr. Reagan proposed to amend by adding to the end of sec- tion 9 the following : "And jurors shall receive no compensation for their services in criminal cases." On motion of Mr. Johnson of Collin, laid on the table. Mr. Norvell moved to strike out " section 9." On motion of Mr. Graves, laid on the table. Mr. Fleming proposed to amend section 10, as follows : Section 10, line 126, strike out " three ",and insert " two." Mr. Reagan proposed to substitute the amendment, as follows : Amend section 10 by striking out of line 26 the words '^ or any three," and insert "or the Court of Appeals, or any two of the members of either." Adopted. Also amend section 11 by inserting after the word " Supreme," in line 141, the words " Court of Appeals." Adopted. Mr. Cline proposed to amend section 10,"^line 133, by striking out " shall " and insert " may." Adopted. Mr. DeMorse offered the following amendment : In line 147 strike out " petit and ;" in line 148, after " twelve men," insert " and petit juries shall consist of six men in all civil cases, and in criminal cases below the grade of capital or involv- ing imprisonment for ten years." Lost. Mr. Nor veil moved to strike out section 12. Mr. Reagan proposed to amend the section by inserting after the word "jurors " the words " not exceeding three." Nov. 13, 1875.J CONSTITUTIONAL CONVENTION. 657 Adopted. Mr. Waelder proposed to amend the section by striking out " and in trials of criminal cases below the grade of felon}^," in lines 149 and 150. Lost. Mr. Allison ottered the following amendment: Section 12, strike out all down to line 153, and insert : " Grand juries shall be composed of twelve men, and petit juries of twelve men, in all criminal cases, and six men or twelve men, as may be decided by the parties, in trials of civil cases and in trials of criminal cases below the grade of felony, in the District Courts, concurring, may render a verdict, but when the verdict shall be rendered % less than the whole number it shall be signed by every memljer of the jury concurring, to the number of nine." Lost. Mr. Stewart offered the following amendment. Section 12, line 149, strike out the words " in trials of civil cases," and insert " in trials of civil cases the jury shall be com- posed of six men." Lost. Mr. Robertson, of Bell, offered the following amendment : Section 12, line 149, strike out all after the word " bills," to '' it," in line 153. Lost. Mr. Nor veil's amendment to strike out section 12, lost by the following vote : Yeas — Cline, Lockett, Norvell, Robertson of Bell, Smith, Whitehead— 6. Nays — Abernathy, Abner, Allison, Arnim, Ballinger, Barnett, Blake, Blassingame, Brady, Bruce, Burleson, Chambers, Cooke of San Saba, Darnell, Davis of Brazos, Davis of Wharton, De- Morse, Dohoney, Douglas, Ferris, Fleming, Flournoy, Gaither, German, Graves, Henry of Limestone, Henry of Smith, Holt, Johnson of Collin, Johnson of Franklin, Killough, King, Lacy, McKinney of Denton, McKinney of Walker, Mitchell, Murphy, Martin of Navarro, Martin of Hunt, Nunn, Pauli, Ramey, Rea- gan, Reynolds, Sansom, Sessions, Spikes, Stay ton, Stewart, Stockdale, Wade, Waelder — 52. Mr. Robertson, of Bell, offered to amend by striking out all after " bills," in line 149. Lost. Mr. Ballinger offered the following as an additional section : '' Sec. — . Any county may constitute a separate Judicial District, such county to pay the salary of the Judge of said Dis- 43 658 JOURNAL OF THE {Nov. 13, 1875. trict Court ; pi'ovided, that the County Court of the county shall submit the questions of the establishment of such district and of the amount of such salary to a vote of the qualified vo- ters of the county, and a majority shall vote therefor; such salary not to be increased or diminished during such term of office, and a county tax shall be duly assessed and collected for the payment of the same." Adopted. Mr. Dohoney offered the followino; amendment : Amend section 14 by strikinp; out all from the beo-inning of the section down to and including the word "law," in line 175, and insert as follows, to-wit : "The County Court shall have exclusiv^e jurisdiction (with such exceptions as may be provided by law) of all misdemeanors and all indictments for felony, less than capital, not disposed of at the adjournment of each term of the District Court, shall be transferred to the County Court for trial. The County Court shall also have exclusive jurisdiction in all civil cases when the amount in controversy, exclusive of interest, exceeds two hun- dred dollars (and does not exceed five hundred dollars), and shall have concurrent jurisdiction with the District Court in all civil cases when the amount in controversy, exclusive of interest, ex- ceeds five hundred dollars, and does not exceed one thousand dollars, w^ithout any regard to any distinction between law and equity ; and shall have power to foreclose mortgages and enforce liens of all kinds upon real and personal property, to the extent of the jurisdiction herein conferred, but shall not have jurisdic- tion of suits for the recovery of lands; and it shall have such other jurisdiction as may be conferred on it by law." Mr. Waelder offered the following substitute in the nature of an amendment to tlie amendment and a part of section 14: " The County Court shall have original jurisdiction of all misdemeanors, as the same are now or may be hereafter pre- scribed by law, and when the fine to be imposed shall exceed two hundred dollars ; and they shall have exclusive original jurisdiction in all civil cases, when the matter in controversy shall exceed in value the sum of two hundred dollars, and not exceed five hundred dollars, exclusive of interest, concurrent jurisdiction with Justices' Courts in sums between one and two hundred dollars, and concurrent jurisdiction with the District Courts when the matter in controversy shall exceed five hun- dred and not exceed one thousand dollars, exclusive of interest; but shall not have jurisdiction of suits for the recovery of land, or to enforce liens upon real estate. They shall have appellate Nov. 13, 1875.] CONSTITUTIONAL CONVENTION. 650 jurisdiction in all cases, civil and criminal, of which Justices' Courts shall have original jurisdiction, when the judgment of the court appealed from shall exceed twenty dollars, exclusive of costs, under such regulations as may be prescribed by law. In all appeals from Justices' Courts there shall be a trial de novo in the County Court, and when the judgment rendered or fine im- posed by the County Court shall not exceed one hundred dollars, such trial shall be final ; but if the judgment rendered or fine imposed shall exceed one hundred dollars, as well as in all cases, civil and criminal, of which the County Court has exclusive or concurrent original jurisdiction, an appeal shall lie to the Court of Appeals, under such regulations as may be prescribed by law." Mr. Dohoney made the point of order that the amendment could not be entertained as an amendment to his amendment. • The chair ruled against the point. Mr. Dohoney appealed, and the Convention sustained the chair. Mr. Waelder's amendment adopted by the following vote : Yeas — Abner, Arnim, Ballinger, Barnett, Burleson, Cline, Cooke of San Saba, Darnell, DeMorse, Douglas, Ferris, Flana- gan, Fleming, Graves, Henry of Smith, Killough, King, McCabe, McKinney of Walker, Mitchell, Murphy, Martin of Navarro, Nunn, Reagan, Rentfro, Reynolds, Robertson of Bell, Sansom, Smith, Stay ton, Stewart, Stockdale, Wade, Waelder — 34. Nays — Abernathy, Blassingame, Bruce, Chambers, Dohoney, Flournoy, Gaither, Henry of Limestone, Johnson of Collin, Johnson of Franklin, Lacy, McKinney of Denton, Martin of Hunt, Nor veil, Pauli, Sessions, Spikes, Whitehead — 18. Mr. Flournoy offered the following as a substitute for sec- tion 13 : " Sec. 13. Inferior tribunals shall be established in each county, for appointing guardians, granting letters testamentory and of administration ; for settling the accounts of executors, administrators and guardians, and for the transaction of business appertaining to estates, and for the transaction of such other business as the Legislature may provide. And the District Court sliall have original and appellate jurisdiction and general control over executors, administrators, guardians and minors, under such regulations as may be prescribed by law." Mr. Douglas moved to lay the substitute on the table, where- upon the yeas and nays were called, and the motion carried by the following vote : Yeas — Ballinger, Brady, Burleson, Cline, Cooke of San 660 JOURNAL OF THE [I\rov. 13, 1875. Saba, Darnell, Davis of Brazos, Dohoney, Douglas, Ferris, Flemino;, Henry of Limestone, Henry of Smith, Holt, Johnson of Collin, King, McKinney of Walker, Murphy, Martin of Navarro, Martin of Hunt, Nunn, Pauii, Eeagan, Rentfro, Reynolds, Sansom, Sessions, Smith, Stayton, Stockdale, Wade, Wael- der— 32. Nays — Abernathy, Abner, Allison, Arnim, Barnett, Blassin- game, Bruce, Chambers, DeMorse, Flanagan, Flournoy, Gaither, German, Graves, Killough, Lacy , Lockett, McCabe, McKinney of Denton, Mitchell, Norvell, Ramey, Robertson of Bell, Spikes, Stewart, Whitehead — 26. Mr. Abernathy proposed to amend section 13, line 158, by striking out the word " shall," and inserting " may." Lost. . Mr. Nunn offered the following amendment : Add to section 1-1 the following : " Any case pending in the County Court which the County Judge may be disqualified to try shall be transferred to the District Court of the same county, for trial ; and where there exists any cause disqualifying the County Judge for the trial of a cause of which the County Court has jurisdiction, the District Court of such county shall have original jurisdiction of such cause." Adopted. Mr. King proposed to amend section 13, lines 163 and 164, by striking out all between the words " receive," in line 163, and " as," in line 161, and insert " such compensation for his ser- vices." Adopted by the following vote : Yeas — Abner, Ballinger, Barnett, Blake, Blassingame, Burle- son, Cline, Darnell, Davis of Brazos, DeMorse, Ferris, Flanagan, Flournoy, Henry of Smith, Killough, King, Lacy, Lockett, Mc- Cabe, McKinney of Walker, Murphy, Martin of Navarro, Martin of Hunt, Nunn, Pauli, Rentfro, Sessions, Smith, Stayton, Stock- dale, Waelder — 31. Nays — Abernathy, Allison, Arnim, Brady, Bruce, Chambers, Cooke of San Saba, Davis of Wharton, Douglas, Fleming, Gaither, German, Graves, Henry of Limestone, Holt, Johnson of Collin, Johnson of Franklin, McKinney of Denton, Mitchell, Norvell, Ramey, Reagan, Reynolds, Robertson of Bell, Sansom, Spikes, Stewart, Wade, Wliitehead — 29. Mr. McKinney, of Walker, offered the following amendment to section 11: : Amend by inserting after the word "jurisdiction," in line — , the words '' and of all such civil cases." N(rv. 13, 1875.] CONSTITUTIONAL CONVENTION. 661 Adopted by the following vote : Yeas — Abner, Arnim, Ballinger, Baniett, Blake, Blassin- game, Brady, Burleson, Chambers, Cline, Cooke of San Saba, Darnell, Davis of Wharton, DeMorse, Douglas, Flanagan, Flem- ing, Gaither, German, Graves,Henry of Limestone, Henry of Smith, Holt, Johnson of Collin, Killongh, Lacy, Lockett, McCabe, McKinney of Walker, Mitchell, Martin of Hunt, Norvell, Nunn, Pauli, Bamey, Beagan, Bentfro, Bey n olds, Bobertson of Bell, Sansom, Smith, Spikes, Stayton, Stewart, Stockdale, Wade, Whitehead— 47. Nays — Allison, Dohoney, Ferris, Murphy, Martin of N"avarro, Sessions, Waelder — 7. Mr. Stewart offered the following amendment : Add to section 13 : " Provided, that no part of the pay of the Judge of the County Court shall be made out of the State Treasury." Lost by the following vote : Yeas — Abernathy, Arnim, Barnett, Blake, Blassingame, Bruce, Burleson, Dohoney, Fleming, Flournoy, German, Graves, Henry of Limestone, Holt, Johnson of Collin, Johnson of Franklin, Lacy, McKinney of Denton, McKinney of Walker, N'orvell, Ba mey, Reagan, Bobertson of Bell, Stewart, Wade — 25. S'ays — Abner, Allison, Ballinger, Brady, Chambers, Cline, Cooke of San Saba, Darnell, Davis of Brazos, Davis of Whar- ton, DeMorse, Douglas, Ferris, Flanagan, Gaither, Henry of Smith, Killough, Lockett, McCabe, Mitchell, Murphy, Martin of Navarao, Martin of Hunt, Nunn, Pauli, Bentfro, Reynolds, San- som, Sessions, Smith, Spikes, Stayton, Stockdale, Waelder, White- head— 35. Mr. Stewart proposed to amend by adding at the end of sec- tion 13, ''^Provided, that the pay of the Judge of the County Court niay, by local law of the Legislature, be different in amount in different counties, and to be paid out of the county treasury, and by fees of office, either or both." [Mr. Stockdale in the chair.] Mr. Blassingame moved to reconsider the vote adopting Mr. King's amendment to section 13, lines 163 and 164. On motion of Mr. Whitehead, Mr. N"orvell was excused for six days from Monday next. Mr. Stockdale submitted, by leave, the following report : Committee Room, | Austin, JSTovember 13, 1875. j To the Hon. E. B. Pickett, President of the Convention : The Committee on the Division of the'Powers of Government 662 JOURNAL OF THE \Nov, 15, 1875. have instructed me to report the following article, and to recommend the adoption of the same as a part of the Con- stitution. Kespectfully submitted, F. S. Stockdale, Chairman. " Article — . " Section 1. The powers of the government of the State of Texas shall be divided into three distinct departments, each of which shall be confided to a separate body of magistracy, to- wit : Those which are legislative to one; those which are executive to another, and those which are judicial to another; and no person or collection of persons, being of one of these departments, shall exercise any power properly attached to either of the others, except in the instances herein expressly permitted." One hundred copies ordered printed. On motion of Mr. Eamey, the Convention adjourned until 9 o'clock A. M., Monday. SIXTIETH DAY. Hall of Representatives, ) Austin, Texas, November 15, 1875. f Convention met pursuant to adjournment ; roll called ; quorum present. Prayer by the Rev. J. S. Groety, of the Presbyterian Church at Austin. Journal of Saturday read and adopted. Journal of the evening session of November 11th read and adopted. On motion of Mr. Robertson, of Bell, Mr. Gaither was granted unlimited leave of absence, to take effect from to-morrow. Mr. Ballinger presented the petition of the bar of Galveston. Referred to the Committee on Judicial Apportionment. Mr. Blassingame's motion to reconsider the vote adopting Mr. King's amendment to section 13, lines 163 and 164, was called up, and the Convention reconsidered the vote by the following vote. Yeas — Abernathy, Abner, Allison, Arnim, Ballinger, Barnett, Blake, Blassingame, Brady, Brown, Bruce, Burleson, Chambers, Cooke of San Saba, Darnell, Davis of Wharton, DeMorse, Dil- lard, Douglas, Fleming, Flournoy, Gaither, German, Graves, Henry of Limestone, Holt, Johnson of Collin, Kilgore, Killough, Lacy, Lockett, McKinney of Denton, McKinney of Walker, McLean, Martin of Navarro, Martin of Hunt, Mills, Moore, Nov, 15, 1875.] CONSTITUTIONAL CONVENTION. 663 Norvell, Nugent, Reagan, Rentfro, Keynolds, Kobertson of Bell, Ross, Russell of Wood, 8ansom, Scott, Sessions, Spikes, Stewart, Wade, Whitehead— 53. JSays — Cline, Crawford, Davis of Brazos, Dohoney, Ferris, Flanagan, Henry of Smith, King, McCabe, Mitchell, Mnrphy, Nunn, Pauli, Riivssell of Harrison, Smith, Stay ton, AYest — 17. Mr. Gaither offered tbe following substitute for the amend- ment : " He shall receive such fees and perquisites of office as may be prescribed by law, including a docket fee for each civil case tried in the court ; and the Commissioner's Court of any county may allow him such otlier compensation as in their discretion they may deem proper." Lost. Mr. King's amendment was lost by the iollowing vote: Yeas — Ballinger, Blake, Cline, Crawford, Darnell, Davis of Brazos, Davis of Wharton, DeMorse, Dohoney, Ferris, Flana- gan, Ford, Henry of Smith, King, Lockett, Murphy, Nunn, Pauli, Rentfro, Russell of Harrison, Smith, Stayton, Stockdale, Waelder, West— 25. Nats — Abernathy, Abner, Allison, Arnim, Barnett, Blassin- game, Brady, Brown, Bruce, Burleson, Chambers, Cooke of San Saba ; Dillard, Douglas, Fleming, Flournoy, Gaither, German, Graves, Henry of Limestone, Holt, Johnson of Collin, Johnson of Franklin, Kilgore, Killough, Lacy, McCabe, McKinney of Denton, McKinney of Walker, McLean, Martin of Navarro, Martin of Hunt, 'Mills, Mitchell, Moore, Norvell, Nugent, Ramey, Reagan, Robertson of Bell, Ross, Russell of Wood, San- som, Scott, Sessions, Spikes, Stewart, Wade, Whitehead, Whit- field—60. Mr. Henry, of Smith, offered the following as a new section : " Sec. — . The Legislature may, by local law, applicable to one or more counties, provide that the County Courts shall have jurisdiction in criminal cases below the grade of capital, and provide for the pajnnent of a salary to the County Judge in such counties." Lost by the following vote : Yeas — Ballinger, I^lake, Brown, Cline, Darnell, Davis of Brazos, Davis of Wharton, Demorse, Dohoney, Douglas, Ferris, Henry of Smith, Kilgore, King, Lockett, McCabe, Mills, Mitchell, Nunn, Reynolds, Russell of Harrison, Smith, Stayton, Stockdale, Waelder,' West, Whitfield— 27. Nats-— Abner, Allison, Arnim, Barnett, Blassingame, Brady, Bruce, Burleson, Chambers, Cook of Gonzales, Cook of San 664 JOURNAL OF THE * [JVov. 15, 1875. Saba, Crawford, Dillard, Flanagan, Fleming, Flournoy, Gaither, German, Graves, Henry of Limestone, Holt, Johnson of Collin, Johnson of Franklin, "^Killoiigh, Lacy, McKinney of Denton, McLean, Martin of Navarro, Martin of Hunt, Moore, Murphy, Norvell, Nugent, Pauli, Reagan, Rentfro, Robertson of Bell, Ross, Russelfof Wood, Sansom, Scott, Sessions, Spikes, Wade, Whitehead— 45. Mr. Reagan offered the following amendment : Amend section 14 by inserting after the word " misdemeanor," in line 2, the words " of which exclusive original jurisdiction is not given to the Justices' Courts." Adopted. Mr. Waelder proposed to amend by adding to section 14, line 203, " and in all such cases an appeal shall lie fromthe District Court to the Court of Appeals." Adopted. Mr. Davis, of Brazos, proposed to amend section 13 by insert- ing between the words " perquisites " and " as," in line 164, the words " of office and such other compensation." Lost by the following vote : Yeas — Ballinger, Blake, Brady, Cline, Crawford, Darnell, Davis of Brazos, DeMorse, Dohoney, Ferris, Flanagan, Ford, Henry of Smith, Kilgore, King, Lockett, McCabe, Mills, Mitchell, Moore, Murphy, Nunn, Pauli, Rentfro, Reynolds, Russell of Harrison, Smith, Stay ton, Stockdale, Waelder, West, Whitfield— 32. Nays — Abernathy, Abner, Allison, Arnim, Barnett, Blassin- game. Brown, Bruce, Burleson, Chambers, Cook of Gonzales, Cooke of San Saba, Dillard, Douglas, Fleming, Flournoy, Gaither, German, Graves, Holt, Johnson of Collin, Johnson of Franklin, Killough, Lacy, McKinney of Denton, McKinney of Walker, McLean, Martin of Navarro, Norvell, Nugent, Reagan, Robertson of Bell, Ross, Russell of Wood, Sansom, Scott, Sessions, Spikes, Stewart, Wade, Whitehead — 41. Mr. Allison offered the following substitute for sections 14 and 15 : " Sfec. — . The County Court, for probate business, shall be holden by the Chief Justice, or County Judge, at the county seat once in each month, as may be prescribed by law, and shall have jurisdiction to probate w^ills, to appoint guardians of minors, idiots, lunatics, and persons 71071 co7nj)os inentis (to grant letters testamentary and of administration, to settle the accounts of executors and administrators and guardians, to transact all busi- ness appertaining to the estates of deceased persons, minors, Nov. 15, 1875.] CONSTITUTIONAL CONVENTION. 665 idiots, lunatics, and persons non combos mentis)^ including the settlement, partition, and distribution of estates, and to appren- tice minors under such regulations as may be prescribed by law. And such County Court may have such other jurisdiction, both civil and criminal, as may hereafter be prescribed by law." Mr. Reagan made the point of order that the amendment was out of order, containing the same subject matter of Mr. Flour- noy's substitute, voted down on a former occasion by the Con- vention. Chair ruled against the point. Mr. Nugent moved to lay the substitute on the table. Carried by the following vote : Yeas — Abernathy, Abner, Ballinger, Brady, Brown, Burle- son, Cline, Cooke of San Saba, DeMorse, Dohoney, Douglas, Ferris, Fleming, Flournoy, Ford, Gaither, Graves, Haynes, Henry of Limestone, Holt, Kilgore, Killough, Lockett, McKin- ney of Walker, Martin of Navarro, Martin of Hunt, Mills, Moore, Murphy, Nugent, Nunn, Pauli, Reagan, Rentfro, Ross, Russell of Harrison, Sansom, Scott, Sessions, Smith, Spikes, Stayton, Wade, Waelder, West, Whitfield— 45. Nays — Allison, Arnim, Barnett, Blake, Blassingame, Bruce, Chambers, Crawford, Darnell, Davis of Wharton, Dillard, Flanagan, German, Johnson of Collin, Johnson of Franklin, King, Lacy, McCabe, McKinney of Denton, McLean, Mitchell, Norvell, Ramey, Reynolds, Robertson of Bell, Russell of Wood, Stewart, Stockdale, Whitehead — 29. Mr. Henry of Smith moved to reconsider the vote refusing to adopt Mr. Flournoy's substitute for section 13, taken on Saturday last. Mr. Fleming moved to lay the motion to reconsider on the table. Lost by the following vote : Yeas — Ballinger, Brady, Brown, Burleson, Chambers, Cline, Cooke of San Saba, Dohoney, Douglas, Ferris, Fleming, Ford, Henry of Limestone, Holt, Lockett, McKinney of Walker, Martin of Hunt, Mills, Murphy, Reagan, Rentfro, Sansom, Scott, Smith, Spikes, Wade, Waelder, Whitfield— 28. Nays — Abernathy, Abner, Allison, Arnim, Barnett, Blake, Blassingame, Bruce, Crawford, Darnell, Davis of Brazos, Davis of Wharton, DeMorse, Dillard, Flanagan, Flournoy, Gaither, German, Graves, Henry of Smith, Johnson of Collin, Johnson of Franklin, Kilgore, Killough, King, Lacy, McCabe, McKin- ney of Denton, Moore, Norvell, Nugent, Nunn, Ramey, Rey- nolds, Robertson of Bell, Ross, Russell of Harrison, Russell of 660 JOURNAL OF THE yNov. 15, 1875. Wood, Sessions, Stayton, Stewart, Stockdale, West, White- head—42. The question on reconsidering the vote was then put, and the yeas and nays being called, the motion to reconsider carried by the following vote : Yeas — Abernathy, Abner, Allison, Arnim, Barnett, Blake, Blassingame, Bruce, Crawford, Darnell, Davis of Brazos, Davis of Wharton, DeMorse, Flanagan, Fleming, Flournoy, Gaither, German, Graves, Henry of Smith, Johnson of Collin, Kilgore, Killough, King, Lacy, McCabe, McKinney of Denton, Moore, Norveil, Nugent, Nuiin, Eamey, Robertson of Bell, Ross, Russell of Wood, Stayton, Stewart, Stockdale, West, Whitehead — 41. Nays — Ballinger, Brady, Brown, Burleson, Chambers, Cline, Cooke of San Saba, Dohoney, Douglas, Ferris, Ford, Henry of Limestone, Holt, Lockett, McKinney of Walker, Martin of Na- varro, Martin of Hunt, Mills, Mitchell, Murphy, Reagan, Rent- fro, Reynolds, Sansom, Sessions, Smith, Spikes, Wade, Waelder, Whitfield— 31. Mr. Henry, of Smith, offered the following amendment to the substitute just reconsidered : Amend by inserting before the word '* business " the words " civil and criminal," and between the words " as " and " busi- ness " the words " in one or more counties." Adopted by the following vote : Yeas — Abernathy, Allison, Ballinger, Barnett, Blake, Cline, Crawford, Darnell, Davis of Wharton, DeMorse, Dohoney, Fer- ris, Flanagan, Flournoy, Ford, German, Henry of Smith, King, Lacy, McCabe, McKinney of Walker, Mitchell, Moore, Murphy, Norvell, Nugent, Nunn, Ramey, Smith, Stayton, Stewart, Wael- der, West, Whitehead— 34. Nays — Arnim, Blassingame, Brady, Brown, Bruce, Burleson, Chambers, Cooke of San Saba, Douglas, Fleming, Gaither, Graves, Henry of Limestone, Holt, Johnson of Collin, Johnson of Franklin, Killough, Lockett, McKinney of Denton, Martin of Navarro, Martin of Hunt, Mills, Reagan, Rentfro, Reynolds, Ross, Russell of Harrison, Russell of Wood, Sansom, Scott, Ses- sions, Spikes, Wade — 33. Mr. Nugent offered the following amendment to the substi- tute : " Provided^ that the judges of said tribunals shall only be com- pensated by fees and perquisites of office." Adopted by the following vote : Yeas — Abernathy, Allison, Arnim, Barnett, Blassingame, Bruce, Burleson, Chambers, Cooke of San Saba, Darnell, Dillard, Nov. 15, 1875.] CONSTITUTIONAL CONVENTION. 667 Doiiglas, Fleming, Floiirnoy, German, Graves, Henry of Lime stone, Holt, Johnson of Collin, Johnson of Franklin, Lacy, Mc- Kinney of Denton, McKinney of Walker, McLean, Martin of Na- varro, Martin of Hunt, Mills, Norvell, Nugent, E-amey, Ross, Eussell of Wood, Sansom, Scott, Sessions, Spikes, Stewart, Wade, Whitehead— 39. Nats — Abner, Ballinger, Blake, Brady, Cline, Crawford, Da- vis of Brazos, Davis of Wharton, DeMorse, Dohoney, Ferris, Flanagan, Ford, Gaither, Henry of Smith, Killough, King, Lockett, McCabe, Mitchell, Moore, Murphy, Nunn, Reagan, Bentfro, Reynolds, Russell of Harrison, Smith, Stayton, Stock- dale, Waelder, West, Whitfield— 33. The question then recurring on the adoption of the substitute, as amended, the yeas and nays were called, and substitute lost by the following vote : Yeas — Abernathy, Abner, Allison, Arnim, Barnett, Blake, Blassingame, Bruce, Chambers, Crawford, Darnell, Davis of Wharton, Dillard, Flanagan, Flournoy, German, Graves, John- son of Collin, Lacy, McCabe, McKinney of Denton, McKinney of Walker, McLean, Norvell, Nugent, Ramey, Ross, Russell of Harrison, Russell of Wood, Stewart, Stockdale, Whitehead — 32. Nays — Ballinger, Brady, Brown, Burleson, Cline, Cooke of San Saba, Davis of Brazos, DeMorse, Dohoney, Douglas, Ferris, Fleming, Ford, Gaither, Henry of Limestone, Henry of Smith, Holt, Kilgore, Killough, King, Lockett, Martin of Navarro, Martin of Hunt, Mills, Mitchell, Moore, Murphy, Nunn, Rea- gan, Rentfro, Reynolds, Sansom, Scott, Sessions, Smith, Spikes, Stayton, Wade, Waelder, West, Whitfield— 41. Mr. Wade offered the following new section, to follow section 14: " The Legislature shall have power to relieve County Courts of civil and criminal jurisdiction in any county designated, and to increase or diminish the jurisdiction of Justices of the Peace." Lost. Mr. Scott ofibred the following amendment : Amend the Waelder substitute for section 14 by striking out that portion of the substitute which gives the County Court con- current jurisdiction with the Justice's Courts of all suits in which the amount involved is not less than one hundred dollars and not more than two hundred dollars. Adopted by the following vote : [Mr. Stockdale in the chair.] Yeas — Abernathy, Allison, Arnim, Barnett, Blassingame, Bruce, Burleson, Chambers, Cooke of San Saba, Dillard, Do- 968 JOURNAL OF THE {Nov, 15, 1875. honey, Douglas, Ferris, Flournoy, Gaither, German, Graves, Henry of Limestone, Holt, Johnson of Collin, Johnson of Frank- lin, Kilgore, Killough, Lacy, Lockett, McKinney of Denton, McLean, Martin of J^Tavarro, Martin of Hunt, Ramey, Robert- son of Bell, Ross, Russell of Wood, Scott, Sessions, Spikes, Wade, Whitehead, Whitfield— 39. Nats — Ballinger, Blake, Brady, Cline, Darnell, Davis of Brazos, Davis of Wharton, DeMorse, Fleming, Ford, Henry of Smith, McCabe, McKinney of Walker, Mills, Mitchell, Moore, Murphy, Norvell, Nugent, Nunn, Reagan, Rentfro, Reynolds, Sansom, Smith, Stayton, Stewart, Stockdale, WaeMer, West — 30. Mr. Waelder offered the following as a substitute for sec- tion 15, from line 20i to the word " cares," in line 208 : " The County Court shall hold a term for civil business at least once in q\qy^ two months, and shall dispose of probate business either in term time or vacation, as may be provided by law, and said court shall hold a term for criminal business once in every month, as may be provided by law." Adopted. Mr. Dohoney proposed to amend as follows : Amend section 15, line 212, by inserting before the word "misdemeanors" the word "such," and after the word " misde- meanors " the words " as may be authorized by law." Withdrawn. On motion of Mr. Mills, the Convention adjourned to 2^ o'clock p. M. EVENING SESSION— 2i o'clock. Convention met pursuant to adjournment ; roll called ; quorum present. Pending question, viz., "Article — , Judicial Department." Mr. Kilgore moved to amend by striking out " section 16." On motion of Mr. Nunn, the amendment was laid on the table. Mr. Nunn offered the following amendment : Strike out in lines 213 and 211, after the words " County Courts," " or other inferior courts having jurisdiction to try them." Lost by the following vote : Yeas — Ballinger, Blake, Cline, Cooke of San Saba, Davis of Wharton, DeMorse, Dohoney, Douglas, Ferris, Flanagan, Fleming, Henry of Smith, Johnson of Franklin, Lockett, Mc- Cabe, McKinney of Walker, Mitchell, Moore, Murphy, Norvell, Nov. 15, 1875.] CONSTITUTIONAL CONVENTION. 669 N'ugent, l^unn, Pauli, Eentfro, Reynolds, Eoss, Enssell of Harrison, Smith, Stayton, Stockdale, Waelder — 31. Nays — Abernathy, Abner, Allison, Arnim, Barnett, Blas- singame. Brown, Bruce, Burleson, Chambers, Darnell, Dillard, Gaither, German, Graves, Henry of Limestone, Holt, Johnson of Collin, Kilgore, Killough, Lacy, McKinney of Denton, Martin of Navarro, Martin of Hunt, Eamey, Eeagan, Eobert- son of Bell, Sansom, Scott, Sessions, Spikes, Wade, White- head—33. On motion of Mr. Dillard, Mr. Owens, Sergeant-at-arms, was excused for the evenino;. Mr. Norvell offered to amend section 15, by striking out in line 219 the word " six " and inserting " twelve." Lost. Mr. Allison proposed to amend section 17, by inserting in line 232, between the words " unto " and " five," the words " not less than." Mr. DeMorse offered the following substitute for the amend- ment : Strike out all after " thereof," in line 234, down to line 237, and insert " one or more Justices of the Peace, as may be deter- mined by the County Commissioners, who shall hold their offices for two years, or until such time as their successors may be quali- fied, who shall exercise such jurisdiction and perform such duties, and receive such compensation as may be prescribed by law." Mr. Allison's amendment lost. Mr. DeMorse's amendment lost. Mr. Brown offered the following substitute for all of section 16 and the first paragraph of section 17 : " Sec. 16. Each organized county in the State, now or here- after existing, shall be divided, from time to time, for the conve- nience of the people, into precincts, not less than four, and not more than eight. The present County Court shall make the first division. Subsequent divisions shall be made by the County Commissioners' Court provided for by this constitution. In each such precinct there shall be elected, at each biennial election, one Justice of the Peace, one Constable, and one County Commis- sioner, each of whom shall hold his office for two years, and until his successor shall be elected and qualified ; jpravided^ that in any precinct in which there may be a city of eight thousand or more inhabitants there shall be elected two Justices of the Peace. The County Commissioners so chosen, with the County Judge as presiding officer, shall compose the County Commis- 670 ' JOURNAL OF THE [M?v. 15, 1875. si oners' Court, which shall exercise such powers and jurisdiction over all county business as is conferred by this constitution and the laws of the State, or as may be hereafter prescribed by law." Adopted by the following vote : Yeas — Abernathy, Allison, Arnim, Ballinger, Barnett, Blake, Blassingame, Brown, Bruce, Chambers, Cline, Cooke of San Saba, Crawford, Darnell, Davis of Brazos, DeMorse, Dohoney, Douglas, Ferris, Gaither, German, Graves, Henr}^ of Limestone, Johnson of Collin, Killough, King, Lacy, McLean, Martin of Navarro, Martin of Hunt, Nugent, Nunn, Pauli, Ramey, Robertson of Bell, Sansom, Smith, Stayton, Stockdale, West, Whitehead — 41. Nays — Abner, Brady, Burleson, Davis of Wharton, Flanagan, Fleming, Henry of Smith, Holt, Johnson of Franklin, Kilgore, Lockett, McCabe, McKinney of Denton, McKinney of Walker, Mills, Mitchell, Moore, Murphy, Norvell, Reagan, Rentfro, Rey- nolds, Ross, Russell of Harrison, Scott, Sessions, Spikes, Stewart, Wade, Waelder— 30. Mr. Martin, of Navarrro, offered the following amendment to the substitute just adopted : Strike out " ten " and insert " eight." Mr. Graves proposed to amend by striking out " one County Commissioner for each precinct," and insert '' four County Com- missioners, no two of which shall live in the same precinct." Mr. Nugent moved to lay the amendment on the table. Lost. Martin's (of Navarro) amendment adopted. Mr. Graves' amendment lost. Mr. Johnson, of Collin, oifered the following amendment : Section 17, strike out in line 241 " two," and insert " live." Mr. Rentfro moved to lay the amendment on the table. The yeas and nays being called, the motion to table was adopted by the following vote : Yeas — Abernathy, Arnim, Ballinger, Blake, Cline, Crawford, Darnell, Davis of Wharton, DeMorse, Dillard, Dohoney, Doug- las, Ferris, Fleming, Flournoy, Ford, Gaither, Graves, Henry of Limestone, Henry of Smith, Killough, King, Lockett, Mc- Cabe, McKinney of Walker, Martin of Navarro, Martin of Hunt, Mills, Mitchell, Moore, Murphy, Norvell, Nugent, Nunn, Reagan, Rentfro, Reynolds, Robertson of Bell, Ross, Sessions, Smith, Spikes, Stewart, Stockdale, Waelder, Whitehead — 46. Nays — Allison, Barnett, Blassingame, Brady, Brown, Bruce, Burleson, Chambers, Cooke of San Saba, Davis of Brazos, Flan- agan, German, Holt, Johnson of Collin, Johnson of Franklin, Lacy, McKinney of Denton, Pauli, Ramey, Sansom, Scott, Wade, Whitfield— 23. Nov, 15, 1875.J -CONSTITUTIONAL CONVENTION. 671 Mr. Eeagan ofi'ered the following amendment : Amend by adding after the word " law," in line 244, the words " and appeals to the County Courts shall be allowed in all cases decided in Justice's Courts, where the judgment is for more than ten ($10) dollars, exclusive of costs." Mr. Waelder moved to strike out " ten " and insert '' twenty." Adopted. Amendment adopted. Mr. Moore offered the following amendment : In line 239 strike out the words " imposed in connection shall be " and insert the words " to be imposed by law may not be more than," and strike out " or less," in line 240. Mr. Mills moved to reconsider the vote refusing to adopt Mr. Graves' amendment to Mr. Brown's substitute. Carried, and amendment amended to read as follows : Strike out " and County Commissioners," and insert " the county shall be divided into four Commissioner's precincts, in each of which shall be elected one Commissioner." Adopted. Mr. Reagan offered the following amendment : Amend section 17 by adding before the word " and," in line 244, the words " under such regulations as may be prescribed ]>y law." Adopted. Mr. McKinney of Walker offered the following amendment: Add to section 17 the words " and in all criminal cases." Adopted. Mr. German proposed to amend section 18, in line 251, by inserting after the word " filled " the words " by an election to be ordered." Lost. Mr. Waelder proposed to insert after '' courts," in line 249, the words " and recorder of the court." Mr. Mills moved to lay the amendment on the table. Lost, and the amendment adopted. Mr. Nugent proposed to strike out " eight thousand " and insert " fifteen thousand" in line 254. Lost. Mr. offered the following : In line 252 strike out " next general election " and insert " can be filled by election, as directed by law." Lost. Mr. Murphv moved to strike out " and," after duties, in line 250. Adopted. 672 JOURNAL OF THE {Nov. 15, 1875. Mr. Brown offered the following amendment : In Section 18, lines 251 and 252, strike out " Judge of the County " and insert '^ County Commissioners." Adopted. Mr. Stayton moved to strike out " eight thousand " and insert " twelve thousand " in line 254. Adopted. Mr. Darnell moved to reconsider the vote just taken, Mr. Kilgore moved to lay the motion on the table. Lost by the following vote : Yeas — Ballinger, Barnett, Burleson, Cline, Dohoney, Flem- ing, G-aither, Holt, Kilgore, McKinney of Walker, Mills, Nor- vell, Nugent, Nunn, Kamey, Reagan, Russell of Harrison, Smith, Stayton, Stoftkdale, Waelder, Whitfield— 22. Nays — Abernathy, Allison, Arnim, Blake, Blassingame, Brady, Brown, Bruce, Chambers, Cooke of San Saba, Crawford, Dar- nell, Davis of Brazos, Davis of Wharton, DeMorse, Dillard, Douglas, Ferris, Flanagan, Flournoy, German, Henry of Lime- stone, Johnson of Collin, Johnson of Franklin, Killough, King, Lacy, Lockett, McCabe, Martin of Navarro, Martin of Hunt, Mitchell, Moore, Murphy, Pauli, Rentfro, Reynolds, Robertson of Bell, Ross, Russell of Wood, Sansom, Sessions, Spikes, Stew- art, Wade, West, Whitehead — 47. The question recurring upon the motion to reconsider, the same was put and the vote reconsidered by the following vote : Yeas — Abernathy, Allison, Arnim, Blake, Blassingame, Brady, Brown, Chambers, Cooke of San Saba, Crawford, Darnell, Davis of Brazos, Dillard, Douglas, Ferris, Flanagan, Flournoy, German, Holt, Johnson of Collin, Johnson of Franklin, Killough, Lacy, Lockett, McCabe, Martin of Navarro, Pauli, Ramey, Rentfro, Reynolds, Robertson of Bell, Russell of Wood, Sansom, Scott, Sessions, Stewart, Whitehead — 37. Nays — Abner, Ballinger, Barnett, Bruce, Burleson, Cline, Davis of Wharton, Dohoney, Fleming, Gaither, Graves, Henry of Limestone, Henry of Smith, Kilgore, King, McKinney of Walker, Martin of Hunt, Mills, Mitchell, Moore, Murphy, Nor- vell, Nugent, Nunn, Reagan, Ross, Russell of Harrison, Smith, Spikes, Stayton, Stockdale, Waelder, West, Whitfield — 34. Mr. Kilgore proposed to substitute the amendment by striking out " twelve thousand " and inserting " ten thousand." Mr. Stayton's amendment lost by the following vote : Yeas — Abner, Barnett, Bruce, Burleson, Cline, Dohoney, Fleming, Gaither, Graves, Henry of Limestone, Kilgore, King, Lacy, McCabe, McKinney of Walker, McLean, Martin of Hunt, JS/ov. 15, 1875.J CONSTITUTIONAL CONVENTION. 673 Moore, Murphy, Norvell, Nugent, Reagan, Russell of IlarrisoD, Smith, Spikes, Stay ton, Wade, Whitfield— 28. Nays — Abernathy, Arnira, Ballinger, Blassingame, Brady, Brown, Chambers, Cooke of San Saba, Crawford, Darnell, Davis of Brazos, DeMorse, Dillard, Douglas, Ferris, Flanagan, Flournoy, German, Holt, Johnson of Collin, Johnson of Frank- lin, Killough, Lockett, Martin of Navarro, Mills, Mitchell, Pauli, Barney, Bentfro, Reynolds, Robertson of Bell, Ross, Russell of Wood, Sansom, Scott, Sessions, Stewart, West, Whitehead — 39. Mr. Kilgore's amendment lost. Mr. Pauli proposed to amend section IS by striking out the proviso. Mr. Graves moved to lay the amendment on the table. Carried by the following vote : Yeas — Abner, Allison, Ballinger, Barnett, Blake, Blassingame, Bruce, Burleson, Chambers, Cline, Cooke of San Saba, Davis of Brazos, DeMorse, Dillard, Dohoney, Douglas, Ferris, Fleming, Flournoy, German, Graves, Henry of Limestone, Henry of Smith, Holt, Johnson of Franklin, Kilgore, Killough, King, Lacy, McKinney of Walker, Martin of Navarro, Martin of Hunt, Moore, Murphy, Nor veil, Nugent, Nunn, Ramey, Reagan, Ross, Scott, Sessions, Smith, Spikes, Stayton, Stewart, Wade, Waelder, West, Whitehead, Whitfield— 51. Nays — ;Abernathy, Arnim, Brady, Brown, Crawford, Darnell, Davis of Wharton, Flanagan, Gaither, Lockett, McKinney of Denton, Mills, Mitchell, Pauli, Rentfro, Reynolds, Robertson of Bell, Russell of Harrison, Russell of Wood, Sansom — 20. Mr. Russell, of Wood, offered to amend by adding to section 19 the words " by fees and perquisites of oflfice." Adopted. Mr. Cline moved to reconsider the vote just taken. Carried by the following vote : Yeas — Abner, Ballinger, Blake, Brady, Cline, Crawford, Davis of Brazos, Davis of Wharton, Dillard, Dohoney, Ferris, Flanagan, Fleming, Gaither, Henry of Smith, Kilgore, Kil- lough, King, Lacy, Lockett, McCabe, McKinney of Walker, Martin of Hunt, Mills, Mitchell, Moore, Murphy, Norvell, Nu- gent, Nunn, Pauli, Ramey, Rentfro, Reynolds, Ross, Russell of Harrison, Smith, Stayton, Stockdale, West, Whitehead — 41. Nays — Allison, Arnim, Barnett, Blassingame, Brown, Bruce, Burleson, Chambers, Cooke of San Saba, Darnell, DeMorse, Douglas, Flournoy, German, Graves, Henry of Limestone, Holt, Johnson of Collin, Johnson of Franklin, McLean, Martin of Na- 44 674 JOURNAL OF THE [ATov. i6, 1875. varro, Reagan, E-obertson of Bell, Russell of Wood, Sansom, Scott, Sessions, Spikes, Wade, Whitfield — 30. [Mr. Flanagan in the chair.] Mr. Martin, of Navarro, proposed to amend the amendment by inserting the word " commissions," between " fees " " and," so as to read " fees, commissions and perquisites." Accepted by Mr. Russell, of Wood. On motion of Mr. Dillard, debate was closed, and the amend- ment lost by the following vote : Yeas — Abernathy, Allison, Arnim, Barnett, Blassingame, Brown, Bruce, Burleson, Chambers, Cooke of San Saba, Davis of Wharton, DeMorse, Dillard, Douglas, Flournoy, German, Graves, Holt, Johnson of Collin, Johnson of Franklin, McKin- ney of Denton, McLean, Martin of Navarro, Nugent, Ramey, Reagan, Robertson of Bell, Russell of Wood, Sansom, Scott, Sessions, Spikes, Stewart, Wade, Whitehead, Whitfield — 36. Nays — Abner, Ballinger, Blake, Brady, Cline, Crawford, Dar- nell, Davis of Brazos, Dohoney, Ferris, Flanagan, Fleming^ Gaither, Henry of Limestone, Henry of Smith, Kilgore, Kil- lough, Lacy, Lockett, McCabe, McKinney of Walker, Martin of Hunt, Mills, Mitchell, Moore, Murphy, Nor veil, Nunn, Pauli, Rentfro, Reynolds, Ross, Russell of Harrison, Smith, Stayton, Stockdale, Waelder, West— 38. Mr. Dohoney moved to adjourn to 9 o'clock a, m. to-morrow. Carried. SIXTY -FIRST DAY. Hall of Representatives, | Austin, Texas, November 16, 1875. f Convention met pursuant to adjournment; roll called ; quorum present. Prayer by the Rev. J. S. Groety, of tlie Presbyterian Church. Journal of yesterday read and adopted. Mr. Chambers stated that in the several votes taken on salaries for judges he Ixad agreed to pair oiF with Mr. McCormick, he (Chambers) voting for the lower salaries, and Mr. McCormick for the salaries reported by the committee. The Secretary was instructed to make the necessary correction. On motion of Mr. Reynolds, Mr. Davis, of Wharton, was in- definitely excused. On motion of Mr. Cooke, of San Saba, Mr. West was excused for to-day. Nov. i6, 1875.] CONSTITUTIONAL CONVENTION. 675 On motion of Mr. Ford, Mr. Cardis was excused. Mr. Reagan made tlie following report : Committee Room, ) Austin, Texas, November 16, 1875. ) To the Hon. E. B. Pickett., President of the Convention : The special committee to whom was referred various resolu- tions in relation to old Spanish and Mexican land titles, have had the same under consideration, and with a full appreciation of the importance of the subject, and after careful consideration, instruct me to report the following declarations, and to recom- mend their adoption as a separate article in the constitution. John H. Reagan, Chairman. " Article — . " Sec. 1. All fines, penalties, forfeitures and escheats which have heretofore accrued to the Republic and State of Texas, under their constitutions and laws, shall accrue to the State un- der this constitution ; and the Legislature shall provide a method for determining what lands have been forfeited, and for giving eifect to escheats ; and all such rights of forfeiture and escheat to the State shall ipso facto enure to the protection of the hold- ers of junior titles, as provided in sections 2, 3 and 4 of this article. " Sec. 2. Any claim of title or right to land in Texas, issued prior to the 13th day of November, 1835, not duly recorded in the county where the land was situated at the time of such record, or not duly archived in the General Land Office, or not in the actual possession of the grantee thereof, or some person claiming under him, prior to the accruing of junior title or color of title thereto from the sovereignty of the soil, under circum- stances reasonably calculated to give notice to said junior grantee, has never had, and shall not have, standing or effect against such junior title or color of title, acquired without such notice of such prior claim of title or right ; and no condition annexed thereto has been, or ever shall be released or waived, but actual performance of all such conditions shall be proved by the person or persons claiming under such title or claim of right in order to maintain action thereon, and the holder of such junior title or color of title shall have all the rights of the gov- ernment which have heretofore existed, or now exist, arising from the non-performance of all such conditions. *' Sec. 3. Non-payment of taxes on any claim of title to land dated prior to the 13th day of November, 1835, up to the date of the adoption of this constitution, shall be held to be a presump- eTe JOURNAL OF THE {Nov. i6, 1875. tion that tlie right tliereto has reverted to the State, and that said claim is a State demand, whicli presumption shall only be rebutted by payment of all taxes on said lands, State, county, and city, to be assessed on the fair value of such lands by the Comp- troller, and paid to him, without connnutation or deduction for any part of the above period. " Sec. 4. No claim of title or right to land, which existed prior to the 13th day of November, 1835, which has not been duly recorded in the county wdiere the land was situated at the time of such record, or which has not been duly archived in the General Land Office, shall ever thereafter be deposited in the General Land Office, or recorded in this State, or delineated on the maps, or used as evidence in any of the courts of this State ; and the same are State claims. But this shall not effect such rights or presumptions as arise from actual possession. ''Sec. 5. All claims, locations, surveys, grants and titles to land of any kind, which are declared null and void by the con- stitution of the Republic or State of Texas, are, and the same shall remain, forever null and void. " Sec. 6. The Legislature shall pass stringent laws for the de- tection and conviction of all forgers of land titles, and may make such appropriations of money for that purpose as may be necessary. " Sec. 7. Sections 2, 3, 4 and 5 of this article shall not be con- strued to set aside or repeal any law or laws of the Republic or State of Texas releasing the claimants of headrights of colonists of a league of land or less from compliance with the conditions on which their grants were made." On motion of Mr. Dohoney, one hundred copies ordered printed and made special order for Saturday, 20th inst., at 10 o'clock A. M. Mr. King made the following report : Committee Room, \ Austin, Texas, November 14, 1875. \ To the Hon. E. B. Pickett^ President of tJie Convention : Sir — Your Committee on Counties and County Lands, to whom w^ere referred various resolutions and memorials, have carefully considered the same in connection with the whole sub- ject, and beg leave to report the following article, and recom- mend its adoption as a part of the constitution. Respectfully, Henry C. King, Chairman. Nov. i6, 1875.] CONSTITUTIONAL CONVENTION. 677 "Article — . " counties. " Section 1. The Legislature shall have power tu create coun- ties for the convenience of the people, subject to the following provisions : First — In the territory of the State exterior to all counties now existing, no new county shall be created with a less area than nine hundred square miles, in a square form, unless pre- vented by pre-existing boundary lines. Should the State lines render this impracticable in border counties, the area may be less. The territory referred to may, at any time, in whole or m part, be divided into counties in advance of population, and at- tached, for judicial and land surveying purposes, to the most convenient organized county or counties. " Second— Within the territory of any county or counties now existing, no new county shall be created with a less area than four hundred and lifty square miles, nor shall any such county now existing be reduced to a less area than four hundred and lifty square miles. No new county shall be created so as to ap- proach nearer than twelve miles of the county seat of any county from which it may in whole or in part be taken. Counties of a less area than nine hundred, but of four hundred and fifty or more square miles, within counties now existing, may be created by a vote of two-thirds of each house of the Legislature, taken by yeas and nays, and entered on the journals. Any county now existing may be reduced to an area of not less than four hundred and fitly square miles, by a like two-thirds vote. When any part of a county is stricken olf and attached to another county, the part stricken off shall be holden for, and obliged to pay, its proportion of all the liabilities then existing of the county from which it is taken, in such manner as may be prescribed by law. Third — IS^o part of any existing county shall be detached from it and attached to anotlier existing county, until the proposition for such change shall have been submitted, in such manner as may be provided by law^, to a vote of the electors of both coun- ties, and shall liave received a majority of those voting on the question in each. "county seats. " Sec. — . The Legislature shall pass laws regulating the man- ner of removing county seats, but no county seat situated within five miles of the geographical centre of the county shall be re- moved except by a vote of two-thirds of all electors voting on the subject. A majority of such electors, however, votino- at such election, may remove a county seat from a point more than 678 JOURNAL OF THE [M?v. i6, 1875. five miles from the geographical centre of the county to a point within five miles of such centre, in either case the centre being determined by a certificate from the Commissioner of the Gen- eral Land Office." On motion of Mr. Allison, one hundred copies were ordered printed. Unfinished business, viz : "Art. — , Judicial Department." Mr. Chambers offered the following amendment : ^'' Provided^ District Attorneys shall receive an annual salary of $500, to be paid by the State, and such fees, commissions and perquisites as may be provided by law. (County Attorneys shall receive as compensation only such fees, commissions and per- quisites as may be prescribed by law.") Adopted. Mr. German offered the following amendment to section 19, line 270 ; Strike out the words " the next general election," and insert " an election shall be held for the unexpired term." Lost. Mr. Stewart proposed to amend as follows : After the word " attorney," in section 19, line 257, insert the words " for counties in which there is not a resident Criminal District Attorney." Adopted. Mr. Stewart offered the following additional section, to follow section 19 of printed bill : " Sec. — . The Legislature, by a vote of two-thirds, shall have power by local law in any county to allow in all cases, civil and criminal, without regard to amount or nature of the judgment, to confer the right of appeal directly from the judgments and orders of County Courts and Justices of the Peace, and County Commissioners, to the District Court of such county or counties; jyrovided^ that the operation of such local laws shall not extend in all to more than one-tenth of the organized counties in this State." Lost by the following vote : Yeas — Arnim, Ballinger, DeMorse, Erhard, King, McCor- mick, Martin of Hunt, Eeagan, Eobertson of Bell, Spikes, Stewart — 11. Nays — Abernathy, Allison, Barnett, Blake, Blassingame, Bruce, Burleson, Crawford, Darnell, Dillard, Dohoney, Douglas, Ferris, Flanagan, Fleming, Flournoy, German, Graves, Henry of Limestone, Holt, Johnson of Collin, Johnson of Franklin, Killough, Lacy, Lockett, Mills, Mitchell, Moore, Murphy, Mar- Nov, i6, 1875.J CONSTITUTIONAL CONVENTION. (579 tin of Navarro, Nugent, Nunn, Pauli, Rentfro, Reynolds, Ross, Russell of Harrison, Russell of Wood, Sansom, Scott, Sessions, Smith, Stockdale, Wade, Waelder, Weaver, Whitehead — 47. Mr. Sansom offered the following additional section : *' Sec. 20. The Legislature shall have the power, after two years from the adoption of this constitution, to make such modi- fications in the judicial system of the State as may be necessar}^ to meet the wants of the people." Mr. McKinney, of Walker, offered the following substitute for Mr. Sansom's amendment : " The Legislature shall have power to increase, diminish or change the civil and criminal jurisdiction of the County Courts." The yeas and nays being demanded, the amendment was adopted, as an amendment to the substitute, by the following- vote : YEAS—Abernathy, Arnim, Ballinger, Blake, Blassingame, Brown, Chambers Cline, Darnell, Davis of Brazos, Douglas, Erhard, Flanagan, Fleming, Flournoy, German, Graves, Johnson of Collin, Johnson of Franklin, Killough, Lockett, McCormick, McKinney of Denton, McKinney of Walker, Martin of Navarro, Mills, Nugent, Robertson of Bell, Ross, Russell of Harrison, Russell of Wood, Smith, Spikes, Stayton, Stewart, Wade, Wael- der—37. Nays — Allison, Barnett, Brady, Bruce, Burleson, Cooke of San Saba, Crawford, DeMorse, Dillard, Dohoney, Ferris, Henry of Limestone, Henry of Smith, Holt, Kilgore, King, Lacy, Mar- tin of Hunt, Moore, Murphy, Nunn, Pauli, Reagan, Rentfro, Reynolds, Sansom, Scott, Sessions, Weaver, Whitehead — 30. Adopted as an amendment to the article. Mr. Waelder proposed to amend the amendment as follows : Insert after " power " the words " by local or general law." Adopted by the following vote : Yeas — Abernathy, Allison, Arnim, Ballinger, Blake, Blas- singame, Brown, Burleson, Chambers, Cooke of San Saba, Crawford, Darnell, Davis of Brazos, DeMorse, Dillard, Doho- ney, Douglas, Erhard, Ferris, Flournoy, Graves, Henry of Smith, Holt, Johnson of Collin, Johnson of Franklin, Kilgore, Killough, McCormick, McKinney of Denton, McKinney of Walker, Mar- tin of Navarro, Martin of Hunt, Moore, Nugent, Nunn, Ramey, Reagan, Ross, Russell of Wood, Sansom, Scott. Sessions, Smith, Spikes, Stayton, Stewart, Stockdale, Wade, Waelder, Weaver, Whitehead, Whitfield— 52. Nays — Barnett, Brady, Bruce, Cline, Flanagan, Fleming, German, Henry of Limestone, Lacy, Lockett, Mills, Murphy, 660 JOURNAL OF THE {Nov. i6, 1875. Paiili, Rentfro, Keynolds, Kobertson of Bell, Russell of Harri- SOD— 17. Mr. Flonrnoy proposed to amend the section just adopted as follows : '' And in case of any such change of jurisdiction the Legisla- ture shall also conform the jurisdiction of the other com*ts to such change." Adopted. Mr. Davis, of Brazos, offered the following amendment : Add to section — the following : "And after the first of Jan- uary, 1880, the Legislature shall have power to make such changes and niodilications in the organization and jurisdiction, of any of the courts of this State as may be deemed necessary for the speedy, prompt and efficient administration of justice." Lost. Mr. Brown offered the following amendment : Amend section 20, line 284, by striking out the words "judge of the county," and insert " County Commissioners." Adopted. Mr. German proposed to amend section 20, line 284, by strik- ing out the words " until the general election for county or State officers," and insert the words " an election shall be held for the unexpired term." Lost by the following vote : Yeas — Allison, Arnim, Barnett, Blassingame, Bruce, Burle- son, Crawford, DeMorse, Dohoney, Ferris, Flanagan, Flournoy, Ford, German, Graves, Henry of Limestone, Johnson of Collin, Lockett, McKinney of Denton, Martin of Hunt, Robertson of Bell, Russell of Harrison, Russell of Wood, Scott, Spikes, Wade, Weaver, Whitehead— 28. Nays — Abernathy, Ballinger, Blake, Brady, Brown, Chambers, Cline, Cooke of San Saba, Darnell, Douglas, Erliard, Fleming, Henry of Smith, Holt, Johnson of Franklin, Kilgore, Kil- lough, Lacy, McCabe, McCormick, McKinney of Walker, Martin of isTavarro, Moore, Nugent, Nunn, Pauli, Reagan, Rentfro, Reynolds, Ross, Sessions, Smith, Stayton, Stewart, Stockdale, Waelder, Whitfield— 37. Mr. DeMorse offered the following amendment : Add to section 20, " In no case shall the fees hereafter charged by district, county or precinct officers exceed those existent in 1860, until the meeting of the first Legislature ; and it shall be the duty of the first Legislature under this constitution to revise and reduce the fees allowed to executive officers of the courts, exercising a judicious discretion therein." Nov, 16, 1875.J CONSTITUTIONAL CONVENTION. 681 Lost. Mr. Brown offered the following amendment: Amend section 20 as follows: Strike out all after the word " sheriff," in line 280, to the word " who," in line 281 ; also in line 281 strike out the words " their offices," and insert the words " his office." Adopted. Mr. Murphy offered the following amendment : Amend section 22 by adding to the section the words, " which may include the science of economy and the art of knowing how to live OTi the smallest possible fees and salaries." The chair ruled the amendment out of order. Mr. Murphy appealed, and the Convention sustained the ruling of the chair. Mr. Sansom offered the following amendment : "Sec — . The Legislature shall provide by law for the protec- tion of counties against exorbitant charges for board of prisoners * for the compensation of jurors without charging the counties therefor, and for the enforcement of penal servitude upon persons who may become a charge upon counties by reason of the com- mission of crime." Lost. Mr. Ferris offered the following amendment to section 7, Wael- der's substitute : Strike out " $500 " and insert " $200," so as to read " when the matter in controversy shall be valued at or amount to $200 exclusive of interest." Lost by the following vote : Yeas— Ballinger, Cline, Crawford, Davis of Brazos, DeMorse, Dillard, Dohoney, Ferris, Flanagan, Ford, Henry of Smith' Kilgore, McCormick, Moore, Murphy, J^ugent, JSTunn, Ramey' Smith, Stay ton, Stockdale, Waeh^er — 22. Nays — Abernathy, Arnim, Blassingame, Brady, Brown Bruce, Burleson, Chambers, Darnell, Douglas, Fleming, German' Graves, Henry of Limestone, Holt, Johnson of Collin, Killouo-h' Lacy, Lockett, McCabe, McKinney of Denton, Martin of NavaiTo' Martin of Hunt, Mills, Mitchell, Pauli, Beagan, Eentfro Rey- nolds, Robertson of Bell, Ross, Russell of Harrison, Russell of Wood, Sansom, Scott, Sessions, Spikes, Wade, Weaver, White- head—40. Mr. Waelder offered the following additional section : "Sec. — . Vacancies in the office of Judges of the Supreme Court, of the Court of Appeals and District Court shall be filled by the Governor, until the next succeeding general election ; and 682 JOURNAL OF THE \Nov. i6, 1875. vacancies in the office of County Judge and Justice of the Peace shall be filled by the County Commissioners' Court, until the next general election for such officers." On motion of Mr. Reagan, the main question, on the engross- ment of the article, was ordered. Mr. Waelder's amendment adopted. The yeas and nays being called on the engrossment of the article, it was ordered engrossed by the following vote : Yeas — Abernathy, Allison, Arnim, Blassingame, Brown, Bruce, Burleson, Chambers, Cooke of San Saba, Darnell, Dil- lard, Dohoney, Douglas, Ferris, Fleming, Flournoy, German, Graves, Henry of Limestone, Holt, Johnson of Collin, Johnson of Franklin, Killough, Lacy, McCormick, McKinney of Denton, McKinney of Walker, Martin of Navarro, Nugent, Ramey, Reagan, Robertson of Bell, Ross, Russell of Wood, Sansom, Scott, Sessions, Spikes, Wade, Waelder, Weaver, Whitehead — 43. Nays — Ballinger, Brady, Crawford, Davis of Brazos, De- Morse, Flanagan, Ford, Henry of Smith, Kilgore, King, Lockett, McCabe, Mills, Mitchell, Moore, Murphy, Nunn, Pauli, Rentfro, Reynolds, Russell of Harrison, Smith, Stayton, Stewart, Stock- dale— 25. Mr. Cline was paired off with Mr. Gaither, but would have voted "nay." Mr. Martin, of Hunt, was paired off with Mr. Norvell, but would have voted " yea." On motion of Mr. King, Mr. Waelder was granted indefinite leave of absence from to-morrow. On motion of Mr. Stockdale, Mr. Stayton was granted indefi- nite leave of absence from to-morrow. On motion of Mr. Whitfield, Mr. Ford was granted indefinite leave of absence from next Saturday. On motion of Mr. Ford, Mr. Whitfield was granted indefinite leave ot absence from Saturday next. "Article — , General Provisions," was then taken up and read second time. [Mr. Brown in the chair.] Mr. McCormick offered the following amendment: Amend section 1 by striking out all of the section after the word " State," in line 7, down to and including line 14. The yeas and na3^s being called on the adoption of the amend- ment, it was lost by the following vote : Yeas — Abernathy, Arnim, Barnett, Blake, Burleson, Dillard, Douglas, Erhard, King, Lockett, McCormick, Murphy, Reagan, Russell of Harrison, Stayton, Stockdale — 16. Nov, i6, 1875.] CONSTITUTIONAL CONVENTION. 683 IS" AYS — Allison, Ballinger, Blassingame, Brown, Bruce, Cham- bers, Cline, Cooke of San Saba, Crawford, Darnell, Davis of Brazos, DeMorse, Dohoney, Ferris, Flanagan, Fleming, German, Graves, Henry of Limestone, Henry of Smith, Holt, Johnson of Collin, Johnson of Franklin, Killongh, Lacy, McKinney of Denton, McKinney of Walker, Martin of Navarro, Martin of Hunt, Mills, Mitchell, Moore, N'ugent, Nunn, Kamey, Eobertson of Bell, Sansom, Scott, Sessions, Smith, Spikes, Stewart, Wade, Weaver, Whitehead — 45. Mr. Stockdale proposed to amend by striking out from line 9, section 1, the words " by the Congress of the United States." Mr. Stewart proposed to amend the amendment as follows: Add to Mr. Stockd ale's amendment the words " by the legal voters of the State." Laid on the table, and Mr. Stockdale's amendment adopted. Mr. Bamey, by leave, offered the following resolution : Resolved^ That the Committee on Engrossed and Enrolled Or- dinances be authorized to employ such assistance as may be neces- sary to keep the engrossing and enrolling up with the work of the Convention. Adopted. Mr. Cline proposed to amend by striking out all of section 1, line 15, to line 20, both inclusive. Adopted. Mr. Stockdale offered to amend as follows : Strike out " or appointed," in line 19, and insert in the paren- thesis " or if the office is one of appointment, to secure my ap- pointment." Adopted. Mr. Nunn proposed to amend by inserting in line 22, after " who shall," " have been or may." Mr. Crawford offered the following substitute for the amend- ment : Section 2, line 26, after the word " office " insert " and ;" and in line 22 strike out the words " and from the right of suffrage." Mr. Nunn's amendment adopted. On motion of Mr. Flournoy, the Convention adjourned to 2|^ o'clock p. M., pending Mr. Crawford's amendment. EYENIKG SESSIOJST— 2i o'clock. Convention met pursuant to adjournment ; roll called; quorum present. Consideration of pending question resumed, viz : " Article — , General Provisions." 684 JOURNAL OF THE \Nov. i6, 1875. Mr. Waelder, this morning, in voting for the engrossment of the article on Judiciary, stated that he did so while protesting against the inadequate salaries provided for the judges. Mr. Whitfield, in voting in the affirmative, made the same protest. Mr Darnell, by leave, submitted the following report : Committee Room, | Austin, JMovember 16, 1875. \ To the Hon. E. B. Pickett^ President of Ute Convention : Sir — Your select committee of fifteen, to whom was referred an ordinance for an extension of time in favor of the Texas and Pacific Kailroad Company, on certain parts of its lines in the State of Texas, would respectfully report that they have had the same under careful consideration, and the majority of said com- mittee instruct me to report the accompanying ordinance back to the Convention, and recommend its passage, with the following amendment to be added at the end of said ordinance, to-wit: ''Provided^ that nothing herein contained shall interfere with any contract heretofore made by said company with the citizens, or any of them, of any county or town on the line or lines of its road, as to the completion of any part thereof. And iwovided furtJier, that said road shall be constructed on its chartered line from Fort Worth to a point at or near the town of El Paso, on the Pio Grande river. N. H. Darnell, Chairman. Whereas, The Texas and Pacific Railway Company, a cor- poration chartered by the Congress of the United States, has re- ceived certain grants from this State, and has acquired, by pur chase from or through the Southern Pacific Kailroad Company, and the Southern Trans-Continental Railway Company, certain grants, property rights and franchises, subject to certain legisla- tive limitations and restrictions as to the commencement and prosecution of the woi'k, and as to the time of its completion to certain points in this State ; And Whereas, After completing 265 miles of new road, and grading, bridging and tieing, ready for the iron rails, 118 addi- tional miles of roadway, the financial panic of 1873, and the distrust and embarrassment that followed, paralizing every in- dustrial and commercial enterprise, has forced a temporary sus- pension of the work of construction, thereby occasioning a heavy loss to the company, from causes against which it was powerless to protect itself; therefore. Resolved^ That none of the legislative grants made to or ac- Nov. i6, 1875.] CONSTITUTIONAL CONVENTION. 6S5 quired by said company, in respect to the commencement and prosecution of the work, or as to the date of completion of any portion of its lines in Texas, shall be held to have lapsed, and that the said company shall have eighteen months from the passage of this ordinance in which to complete 120 miles of its lines be- tween Eagle Ford and Fort Worth, and between Brookston and Texarkana, and seven additional years in which to complete 695 miles additional of its road, upon the route as heretofore desig- nated by legislative authority to the Rio Grande, at or near El Paso ; this extension to be in lieu of the restrictions and limita- tions of time and manner of prosecuting the work heretofore fixed by legislative authority. On motion of Mr. Darnell, one hundred copies of the ordi- nance and amendment were ordered to be printed. Mr. Blassingame protested against the report as being a ma- jority report of the committee. Mr. Crawford's amendment, pending on adjournment, to article on General Provisions, was lost. Mr. Nunn offered the following amendment : In line 80, after the word " county," strike out and insert " or if there be no such public works, then in such other manner and under such regulations as may be prescribed by law." Withdrawn. Mr. Holt offered the following amendment : After "labor," in line 30, strike out the words " on the public works of the county." Adopted. Mr. McCormick moved to strike out section tt. On motion of Mr. Mills, laid on the table. Mr. Nugent proposed to amend by striking out in lines 36 and 37 the words " of suffrage or." Lost. Mr. Robertson, of Bell, offered the following amendment : Section 6^ line 46, after the word "concurrence," insert " of two- thirds." Adopted. Mr. Bruce offbred the following amendment: Strike out " without the concurrence of both houses of the Legislature." Adopted. Mr. Flanagan proposed to amend as follows : Amend section 11 by striking out all after " interest," in line 65. Mr. Nugent moved to lay the amendment on the table. 686 JOURNAL OF THE {Nov, i6, 1875. Carried bj the following vote : Yeas — Abernathy, Allison, Arnim, Ballinger, Barnett, Blake, Blassingame, Bruce, Burleson, Cooke of San Saba, Crawford, Darnell, Dillard, Dohoney, Douglas, Erhard, Ferris, Fleming, Flournoy, German, Graves, Henry of Limestone, Henry of Smith, Johnson of Collin, Johnson of Franklin, Killough, Lacy, McCor- mick, McKinney of Walker, Martin of Hunt, Moore, Nugent, Nunn, Keagan, Boss, Bussell of Wood, Sansom, Scott, Sessions, Smith, Spikes, Stewart, Wade, Weaver, West, Whitehead — 46. Nays — Brady, Chambers, Flanagan, Holt, Kilgore, King, Lockett, McCabe, Martin of Navarro, Mills, Mitchell, Murphy, Pauli, Bentfro, Reynolds, Bobertson of Bell, Russell of Harrison, Stockdale, Waelder — 19. Mr. Robertson, of Bell, offered the following amendment : Section 11, line ^^^ strike out the word " twelve " and insert " ten." Mr. Blassingame offered the following as an amendment to the amendment : Line 64:, strike out " eight " and insert " six." Line ^^^ strike out " twelve " and insert " ten." Mr. Russell, of Wood, moved to lay both amendments on the table. Carried by the following vote : Yeas — Abernathy, Allison, Arnim, Ballinger, Blake, Cooke of San Saba, Darnell, Davis of Brazos, Dillard, Douglas, Erhard, Ferris, Flournoy, Ford, German, Graves, Henry of Limestone, Henry of Smith, Holt, Johnson of Franklin, Killough, King, Lacy, Lockett, McCormick, McKinney of Denton, McKinney of Walker, Martin of Navarro, Martin of Hunt, Moore, Murphy, Nunn, Reagan, Ross, Russell of Wood, Sessions, Spikes, Stewart, Stockdale, Waelder, Weaver, Whitehead — 42. Nays — Barnett, Blassingame, Brady, Bruce, Burleson, Cham- bers, Cline, Crawford, DeMorse, Dohoney, Flanagan, Fleming, Johnson of Collin, Kilgore, McCabe, Mitchell, Nugent, Pauli, Rentfro, Reynolds, Robertson of Bell, Russell of Harrison, San- som, Scott, Smith, Wade — 26. Mr. Russell, of Harrison, offered the following substitute for section 11 : " Sec. 11. The Legislature is forbidden from making laws limiting parties to contracts in the amount of interest they may agree upon for loans of money or other property ; provided^ this section is not intended to change the provisions of law fixing rate of interest in contracts where the rate of interest is not specified." Nov. i6, 1875.] CONSTITUTIONAL CONVENTION. 687 Lost by the following vote : Yeas — Ballinger, Blake, Brady, Cline, Erhard, Flanagan, Holt, King, McGabe, Mitchell, Pauli, Rentfro, Reynolds, Russell of Harrison, Stockdale, Waelder — 16. Nays — Abernathy, Allison, Arnim, Barnett, Blassingame, Bruce, Burleson, Chambers, Cooke of San Saba, Crawford, Darnell, Davis of Brazos, Dohoney, Douglas, Ferris, Fleming, Flournoy, Ford, German, Graves, Henry of Limestone, Henry of Smith, Johnson of Collin, Johnson of Franklin, Kilgore, Kil- lough. Lacy, Lockett, McCormick, McKinney of Denton, McKin- ney of Walker, Martin of Navarro, Martin of Hunt, Mills, Moore, Murphy, Nugent, Nunn, Reagan, Robertson of Bell, Ross, Russell of Wood, Sansom, Scott, Sessions, Smith, Spikes, Stayton, Stew- art, Wade, Weaver, Whitehead — 52. Mr. Rentfro moved to amend by striking out " section 11." ' Lost by the following vote : Yeas — Ballinger, Blake, Brady, Cline, Erhard, Flanagan, Lockett, Murphy, Pauli, Rentfro, Reynolds, Russell of Plarrison, Stockdale— 13. Nays — Abernathy, Allison, Arnim, Barnett, Blassingame, Bruce, Burleson, Chambers, Cooke of San Saba, Crawford, Dar- nell, Davis of Brazos, DeMorse, Dillard, Dohoney, Douglas, Ferris, Fleming, Flournoy, Ford, German, Graves, Henry of Limestone, Henry of Smith, Johnson of Collin, Johnson of Franklin, Kilgore, Killough, King, Lacy, McCabe, McCormick, McKinney of Denton, McKinney of Walker, Martin of Navarro, Martin of Hunt, Mills, Mitchell, Nugent, Nunn, Reagan, Robertson of Bell, Ross, Russell of Wood, Scott, Sessions, Smith, Spikes, Stewart, Wade, Waelder, Weaver, Whitehead — 53. Mr. Pauli offered the following amendment : Strike out " section 12." Mr. Dillard moved to lay the motion on the table. Carried by the following vote : Yeas — Abernathy, Allison, Arnim, Ballinger, Barnett, Blassingame, Bruce, Burleson, Chambers, Cline, Cooke of San Saba, Crawford, Darnell, Davis of Brazos, DeMorse, Dillard, Dohoney, Douglas, Erhard, Ferris, Flournoy, Ford, German, Graves, Henry of Limestone, Henry of Smith, Holt, Johnson of Collin, Johnson of Franklin, Kilgore, Killough, King, Lacy, McCormick, McKinney of Denton, Martin of Navarro, Martin of Hunt, Mills, Moore, Murphy, Nugent, Nunn, Reagan, Russell of Wood, Sansom, Scott, Sessions, Smith, Spikes, Stayton, Stew- art, Stockdale, Wade, Waelder, Whitehead — 55. Nays — Blake, Brady, Flanagan, Fleming, Lockett, McCabe, 688 . JOURNAL OF THE \Nov. i6, 1875. Mitchell, Pauli, Rentfro, Reynolds, Robertson of Bell, E-iissell of Harrison — 12. Mr. Waelder raov^ed to strike oat "section 13." Carried. Mr. Sansom offered the following amendment, to fill the blank made by striking out " section 13 :" " Sec. 13. The counties of this State shall not pay for board of prisoners at a rate to exceed forty cents per day for each prisoner ; and the Legislature is required to pass suitable laws to enforce this provision." Laid on the table by the following vote : Yeas — Abernathy, Arnim, Ballinger, Barnett, Blake, Blas- singame, Bruce, Burleson, Cline, Crawford, Darnell, Davis of Brazos, DeMorse, Dohoney, Erhard, Ferris, Fleming, Ford, Graves, Henry of Limestone, Holt, Johnson of Franklin, Kil- gore, Killough, King, Lacy, McCormick, McKinney of Walker, Martin of Navarro, Martin of Hunt, Mitchell, Moore, Murphy, Nugent, Reagan, Rentfro, Reynolds, Robertson of Bell, Ross, Sessions, Smith, Spikes, Stockdale, Waelder, Weaver — 45. Nays — Allison, Brady, Chambers, Cooke of San Saba, Dillard, Douglas, Flanagan, Flournoy, German, Johnson of Collin, Lockett, McCabe, McKinney of Denton, Mills, Nunn, Pauli, Russell of Harrison, Russell of Wood, Sansom, Stewart, White- head—21. Mr. Nunn offered the following amendment : Add in line 83, " and failure to comply with this condition shall vacate the office so held." Adopted. On motion of Mr. Nunn, " section 16 " was stricken out. Mr. McCormick moved to strike out " or claimed," in section 17, line 87. Lost. Mr. Cline moved to strike out of line 89, section 17, the words "and the increase of the same." Mr. Stockdale moved to substitute the motion by inserting the word " natural " before " increase." Mr. Russell, of Wood, moved to close debate on the pending amendments. Lost. Mr. Stockdale amended his amendment as follows : Line 87, between "of" and "wife" "the husband;" line 88, read " their " for " her," and line 89, read " their " for " her." Mr. DeMorse moved to lay both amendments on the table. A division of the question was ordered. Nov. 16, 1875.] CONSTITUTIONAL CONVENTION. 689 The question to lay Mr. Stockdale's amendment on the table was put and carried by the following vote : Yeas — Allison, Arnim, Barnett, Blassingame, Bruce, Burle- son, Chambers, Cooke of San Saba, Darnell, Davis of Brazos, DeMorse, Douglas, Erliard, Ferris, Ford, Graves, Henry of Smith, Johnson of Collin, Johnson of Franklin, Killough, Lac}', McCormick, Martin of Navarro, Martin of Hunt, Moore, Mur- phy, Robertson of Bell, Russell of Harrison, Sessions, Smith, Spikes, Stewart, Wade, Weaver — 34. Nays — Ballinger, Blake, Brady, Cline, Dillard, Dohoney, Flanagan, Fleming, Holt, King, Lockett, McCabe, McKinney of Denton, Mills, Mitchell, Nugent, Reagan, Rentfro, Reynolds, Ross, Russell of Wood, Stockdale, Waelder, Whitehead — 24. The question then recurring on laying Mr. Cline's amendment on the table, the same was put, and the Convention refused to lay the amendment on the table by the following vote : Yeas — Arnim, Blassingame, Burleson, Darnell, DeMorse, Dohoney, Flanagan, Flournoy, Henry of Limestone, Johnson of Collin, Killough, King, Lacy, McCabe, Martin of Navarro, Mar- tin of Hunt, Mills, Mitchell, Reynolds, Robertson of Bell, Ross, Russell of Harrison, Russell of Wood, Sessions, Smith, Spikes, Stewart, Stockdale, Wade, Weaver, Whitehead — 31. Nays — Allison, Ballinger, Barnett, Blake, Brady, Bruce, Cham- bers, Cline, Cooke of San Saba, Crawford, Davis of Brazos, Dillard, Douglas, Erhard, Ferris, Fleming, Ford, Graves, Henry of Smith, Holt, Lockett, McCormick, McKinney of Denton, Moore, Murphy, Nugent, Nunn, Pauli, Ramey, Reagan, Rentfro, Scott— 32. On motion of Mr. Nugent debate was closed on the amend- ment, and a direct vote had, which resulted as follows : Yeas — Allison, Ballinger, Barnett, Blake, Chambers, Cline, Crawford, Davis of Brazos, Dillard, Douglas, Erhard, Ferris, Flournoy, Ford, German, Graves, Henry of Limestone, Henry of Smith, Holt, Killough, Lockett, McCormick, McKinney of Den- ton, Moore, Murphy, Nugent, Pauli, Ramey, Reagan, Scott, Ses- sions, Wade, Waelder — 33. Nays — Abernathy, Arnim, Blassingame, Brady, Brown, Bruce, Darnell, DeMorse, Dohoney, Flanagan, Fleming, Johnson of Col- lin, Johnson of Franklin, Lacy, McCabe, Martin of Navarro, Martin of Hunt, Mills, Mitchell, Nunn, Rentfro, Reynolds, Rob- ertson of Bell, Ross, Russell of Harrison, Russell of Wood, Smith, Spikes, Stewart, Stockdale, Weaver, West, Whitehead, Whitfield— 34. So the amendment was lost. 45 690 JOURNAL OF THE [Nov. i6, 1875. Mr. Davis, of Brazos, proposed to amend as follows : Add to the section as follows : "And all property owned, claimed or acquired in like manner by the husband shall be his separate property." [Mr. Stockdale in the chair.] Mr. Davis's (of Brazos) amendment adopted : Mr. Dohoney moved to strike out section 18. Lost. Mr. Waelder offered the followino^ additional section : " Sec. — . The Legislature may pass laws for the regulation of live stock and the protection of stock-raisers in the stock-rais- ing portions of this State, and exempt from the operation of such laws other portions, sections or counties ; ^^ovided, that any local law thus passed shall be submitted to the freeholders of the section to be affected thereb}^, and approved b}^ them, be- fore it shall go into effect." Adopted. Mr. Crawford offered the following as a substitute for section 17: " Sec. 17. All property, both real and personal, of the wife, owned or claimed by her before marriage, and that acquired afterwards by gift, devise, or descent, shall be her separate prop- erty, and laws shall be passed more clearly defining the rights of the wife, in relation as well to her separate property as that held in common with her husband. Laws shall also be passed pro- viding for the registration of the wife's separate property." Adopted by the following vote : Yeas — Abernathy, Allison, Arnim, Ballinger, Barnett, Blake, Brady, Brown, Bruce, Burleson, Chambers, Cline, Cooke of San Saba, Crawford, Darnell, Davis of Brazos, Dillard, Douglas, Erhard, Ferris, Fleming, Flournoy, Ford, German, Graves, Henry of Limestone, Henry of Smith, Holt, Johnson of Collin, Killough, Lacy, Lockett, McCormick, McKinney of Denton, McKinney of Walker, Murphy, Nugent, Pauli, Bamey, Beagan, Reynolds, Bobertson of Bell, Boss, Bnssell of Wood, Sansom, Scott, Sessions, Spikes, Wade, West, Whitehead, Whitfield — 52. Nays — DeMorse, Dohoney, Flanagan, Mitchell, Bentfro, Stockdale — 6. On motion of Mr. Chambers, the Convention adjourned to 9 A. M. to-morrow. Nov, 17, 1875.J CONSTITUTIONAL CONVENTION. 691 SIXTY-SECOND DAY. Hall of Representatives ) Austin, Texas, November 17, 1875. f Convention met pursuant to adjournment ; roll called ; quorum present. Prayer by the Rev. J. S. Grasty, of the Cumberland Presbyterian Church, at Austin. Journal of yesterday read and adopted. On motion of Mr. Sansom, Mr. West was excused for to-day. Mr. Whitfield reported as follows : CoMMirrEE Room, ) Adstin, November 17, 1875. ) To Hon. E. B. Pickett^ President of the Convention : The Committee on Education, to whom was referred the reso- lution of the delegate from Wood, providing for the establish- ment and maintenance of two universities, having carefully con- sidered the same, as well as several other resolutions upon the same subject referred to them, direct me to report the following in lieu thereof, and recommend its adoption. J. W. Whitfield, Chairman. " university. "Whereas, From the earliest period of Texas history the people have, through their representatives, repeatedly expressed a cherished purpose to establish within the State an institution of learning of the highest order, upon what is known as the " university system," and have, from time to time, illustrated a design to provide for the ample endowment of the same, in order to place within the reach of their sons, whether rich or poor, an opportunity of acquiring in Texas a thorough education in the classics, and in all the branches of the liberal arts and sciences; and " Whereas, Beside other advantages, such an institution will bring together a large number of young Texans in a common field of continuous intellectual labor, thereby tending to encour- age a love of Texas, her history and her institutions ; and " Whereas, To this end liberal appropriations have heretofore been made, but not utilized ; and " Whereas, In the opinion of your committee, the time has arrived to provide for the practical inauguration of the laudable work of establishing a State university, to this end your com- mittee recommend the adoption of the following as a part of the constitution of the State : 692 JOURNAL OF THE [JVov. 17, 1875. "Section 1. The Legislature shall, as soon as practicable, establish, organize, and provide for the maintenance, support and direction of a university of the first class, to be located at or near the city of Austin, and styled " The University of Texas," for the promotion of literature and the arts and sciences, includ- ing an agricultural and mechanical department. " Sec. 2. In order to enable the Legislature to perform the duty set forth in the foregoing section, it is hereby declared that all lands and other property heretofore set apart and appropriated for the establishment and maintenance of 'The University of Texas,' together with all the proceeds of sales of the same, here- tofore made or hereafter to be made, and all grants, donations and appropriations that may hereafter be made by the State of Texas, or from any other source, shall constitute and become a permanent university fund. And the same, as realized and re- ceived into the treasury of the State (together with sucli sum belonging to the fund as may now be in the treasury), shall be invested in bonds of the State of Texas, if the same can be ob- tained, if not, then in United States bonds ; and the interest ac- cruing thereon shall be subject to appropriation by the Legisla- ture to accomplish the purpose declared in the foregoing section ; jjrovided, that the one-tenth of the alternate sections of the land granted to railroads, reserved by the State, which were set apart and appropriated to the establishment of ' The University of Texas,' by an act of the Legislature, of February 11, 1858, en- titled 'An act to establish the University of Texas,' shall not be included in or constitute a part of the permanent university fund. " Sec. 3. The lands herein set apart to the university fund shall be sold under such regulations, at such times, and on such terms, as may be provided by law ; and the Legislature shall provide for the prompt collection, at maturity, of all debts due on account of university lands heretofore sold, or that may hereafter be sold, and shall iu neither event have the power to grant relief to the purchaser. " Sec. 4. The 'Agricultural and Mechanical College of Texas,' established by an act of the Legislature passed April 17, 1871, located in the county of Brazos, is hereby made and constituted a branch of ' The University of Texas,' for instruction in Agri- culture, the Mechanic Arts, and the Natural Sciences connected therewith. And the Legislature shall, at its next session, make an appropriation, not to exceed forty thousand dollars, for the construction and completion of the buildings and improvements, Nov. 17, 1875.] CONSTITUTIONAL CONVENTION. 693 and for providing the furniture necessary to put said college in immediate and successful operation. " Sec. 5. The Legislature shall also, when deemed practicable, establish and provide for the maintenance of college or branch universit}^, for the instruction of the colored youths of the State, to be located at or near the city of Austin ; provided., that no tax shall be levied and no money appropriated out of the general revenue, either for this purpose or for the establishment and erec- tion of the buildings of the University of Texas. " Sec. 6. In addition to the lands heretofore granted to the University of Texas, there is hereby set apart and appropriated for the endowment, maintenance and support of said university and its branches one million acres of the unappropriated public domain of the State, to be designated and surveyed as may be provided by law; and said lands shall be sold under the same regulations, and the proceeds invested in the same manner, as is hereinbefore provided for the sale and investment of the per- manent university fund. And the Legislature shall not have power to grant any relief to the purchasers of said lands." Mr. McCormick moved to have two hundred copies printed. Lost. Mr. Allison moved to have one hundred copies. Carried. Mr. Flournoy reported as follows : Committee Eoom, ) Austin, Texas, November 16, 1875. j To the Hon. E. B. Pickett.^ President of the Convention : Your Committee on Muicipal Corporations, having considered of the various matters referred to them, authorize me to report the following article for the action of the Convention. George Flournoy, Chairman. '' Section 1. The several counties of this State are hereby recognized as legal subdivisions of the State. " Sec. 2. The construction of jails, court-houses and bridges, the removal of county seats, and the establishment of county poor houses and farms, and the laying out, construction and repairing of county roads, shall be provided for by general laws. " Sec. 3. No county, city, or other municipal corporation, shall hereafter become a subscriber to the capital stock of any private corporation or association, or make any appropriation or donation to the same, or in any wise loan its credit ; but this shall not be construed to in any way aftect any obligation here- tofore undertaken pursuant to law. 694 JOURNAL OF THE {Nov. 17, 1875. " Sec. 4. Cities and towns having a population of ten thousand inhabitants, or less, may be chartered alone by general law ; they may levy, assess and collect an annual tax to defray the current expense of their local government, but such tax shall never exceed, for any one year, one-fourth of one per cent., and shall be collectable only in current money. " Sec. 5. Cities having a population of more than ten thousand inhabitants may have their charters granted or amended by special act of the Legislature, and may levy, assess and collect such taxes as may be authorized by law ; but no tax for any pur- pose shall ever be lawful, for any one year, which shall exceed five per cent, of the taxable property of such city, and no debt shall ever be created by any city unless at the same time pro- vision be made to assess and collect annually a sufficient sum to pay the interest thereon, and create a sinking fund of at least two per cent, thereon. " Sec. 6. Counties, cities and towns are authorized, in such mode as may now or hereafter be provided by law, to levy, assess and collect the taxes necessary to pay the interest and provide a sinking fund to satisfy any indebtedness heretofore legally made and undertaken, but all such taxes shall be assessed and collected separately from that levied, assessed and collected for current expenses of municipal government, and shall, when levied, specify in the act of levying the purpose therefor, and such taxes may be paid in the coupons, bonds or other indebtedness, for the payment of which such tax may have been levied. " Sec. 7. All counties and cities bordering on the coast of the Gulf of Mexico are hereby authorized, upon a vote of two-thirds of the tax-payers therein (to be ascertained as may be provided by law), to levy and collect such tax for construction of sea walls, breakwaters, or for sanitary purposes, as may be authorized by law, and may create a debt for such works, and issue bonds in evidence thereof; but no debt for any purpose shall ever be in- cjurred, in any manner, by any city or county, unless provision is made at the time of creating the same, for levying and collecting a sufficient tax to pay the interest thereon and provide at least two per cent, as a sinking fund ; and the condemnation of the right of way for the erection or construction of such works shall be fully provided for. " Sec. 8. The counties and cities on the gulf coast being sub- ject to calamitous overflows, and a very large proportion of the general revenue being derived from those otherwise prosperous localities, the Legislature is expressly authorized to aid, by dona- tion of such portion of the public domain as may be deemed Nov. 17, 1875.J CONSTITUTIONAL CONVENTION. 695 proper, and in such mode as may be provided by law, the con- struction of sea walls or breakwaters, such aid to be proportioned to the extent and value of the works constructed, or to be con- structed, in any locality. " Sec. 9. The property of counties, cities and towns, owned and held only for public purposes, such as public buildings and the sites therefor, fire engines and the furniture thereof, and all property used or intended for extinguishing fires, public grounds and all other property devoted exclusively to the use and benefit of the public, shall be exempt from forced sale. " Sec. 10. The Legislature may authorize counties and cities to levy and collect occupation, income and license taxes by gen- eral law, except as to cities of more than five thousand inhabi- tants, in which cases special laws may be provided. Counties and cities shall at all times have the right to levy and collect occupation, income and license taxes to the amount of one-half the State tax therefor. " Sec. 11. The Legislature may constitute any city or town a separate and independent school district, and when the citizens of any city or town have a charter, authorizing the city author- ities to levy and collect a tax for the support and maintenance of a public institution of learning, such tax may be hereafter levied and collected, if, at an election held for that purpose, a majority of the tax-payers of such city or town shall vote for such tax." On motion of Mr. Flournoy, the reading of the report was dispensed with, and two hundred copies ordered printed. Mr. DeMorse submitted the following minority report : Committee Room, ) Austin, November 17, 1875. j To the Hon. E. B. Pickett.^ President of the Convention : The undersigned, a minority of the special committee to w^hich was referred the question of extenson by this Convention of cer- tain railroad charters granted by this State, the stipulations of which required the completion of specified work by certain dates named in such extensions, desires to express his dissent to the action of the majority of said committee, for reasons herein stated. First — That the majority recommend a further extension of eighteen months on the still incomplete work of the Texas Pacitic road between Eagle Ford and Fort Worth, and on the section between Paris and Texarkana, on which the road bed has been constructed and the ties laying beside it for near two years ; and propose to decree that the people of that section of the State, 696 JOURNAL OF THE {Nov, 17, 1875. who have been dehided for years with a vain hope that at fre- quent successive periods the road was just about to be constructed infact^ shall be again taught the painful lesson that of all the uncertainties of life, nothing else is so wholly unreal as the prom- ise of a railway company, and nothing else so deceptive as its contracts, subject to the interpretation of an average Legislature. Second — The majority proposes to grant seven years for the completion of the road from Fort Worth to San Diego. It is apparent to the uudersigned that with the indorsement of the Congress of the United States of the interest on the company's bonds, five years will be ample time to complete the work. Without such indorsement, it will not be built within the next ten years, perhaps not within twenty years. In other words, the present company will never build the road much beyond Fort Worth without such indorsement by Congress. Third — The majority proposes that the Convention shall pass an absolute ordinance with the force of law, granting the desired extension — not to be submitted to the people — and the argument for this extraordinary action is, that the Convention, early in its session, passed an ordinance deferring the usual election for members of the Legislature, and therefore it may properly do this act. The undersigned is unable to see any affinity between the tw^o propositions. One had a political connection with the objects for which the people had called the Convention together, and on which they had given to the Convention the power to act. The other is a special act, for the benefit of a private corpora- tion, and has no connection or affinity whatever lor the objects contemplated by the people in creating the Convention. In the contemplation of the undersigned, this Convention has no authority to give any more than temporary effect to any ordinance, until such time as the people shall have the opportu- nity to act upon it, and either approve or disapprove ; nor did he conceive, when the ordinance deferring the election was adopted, that it had any other than temporary force, derivable from the assumed assent of the people, but he considered that in passing it we shouldered a responsibility warrantable by the apparent political necessity, only. All which is respectfully submitted. Charles DeMorse, One of the Committee. The undersigned members of the committee concur in the above. W. Blassingame, S. A. McKlNNEY. Mr. Nugent gave notice of a minority report. Nov. 17, 1875.] CONSTITUTIONAL CONVENTION. 697 Mr. Kilgore submitted the following report : Committee Room, ) Austin, JS'ovember 16, 1875. ( To the Hon. E. B. Pickett^ President of the Convention : SiK — The select committee to whom was referred a resolution on the subject of qualified sufiVage, beg leave to report as a sub- stitute therefor the subjoined ordinance, and recommend its adoption by the Convention. C. B. Kilgore, Chairman. Asa Holt, e. n. bukleson. Be it ordained., That at the next general election to be held for the adoption or rejection of the Constitution, the electors shall be permitted to vote on the following section, to be separ- ately submitted to the qualified voters of the State, to-wit : " Sec. — . The Legislature may regulate the right of sufi'rage, so as to require any elector to show by his own oath or otherwise that he has paid all or any portion of the State or county tax due from him and collectable more than six months preceding the election at which he proposes to vote ; but if the payment of a poll tax shall ever be made a prerequisite to the right of suffrage, such poll tax shall never exceed the sum of two dollars in any one year." And the ballot on this section shall be " For qualified suf- frage," or "Against qualified suffrage," which words shall be written or printed on the same ballots cast on the adoption or rejection of the constitution ; and if a majority of the votes cast shall be in favor of the section hereby separately submitted, then the same shall be and become a part of the constitution, and shall be section 6 in the article on suffrage. Mr. McCormick moved to have one hundred copies of the report and article printed. Carried by the following vote : Yeas — Abernathy, Allison, Arnim, Ballinger, Blake, Brown, Burleson, Cooke of San Saba, Crawford, Darnell, Davis of Brazos, DeMorse, Dillard, Dohoney, Douglas, Erhard, Ferris, Fleming, Ford, German, G-raves, Henry of Smith, Holt, Kilgore, Killough, King, Lacy, McCormick, Martin of Navarro, Martin of Hunt, Murphy, Nugent, Nunn, Pauli, Eobertson of Bell, Ro- bison of Fayette, Ross, Russell of Harrison, Sansom, Scott, Sessions, Smith, Spikes, Stockdale, Wade, Whitehead — 46. Nays — Barnett, Blassingame, Bruce, Chambers, Cline, Flana- gan, Haynes, Johnson of Collin, Locket t, McCabe, McKinney of 698 JOURNAL OF THE {Nov. 17, 1875. Walker, Mills, Mitchell, Rentfro, Reynolds, Russell of Wood, Stewart, Weaver — 18. On motion of Mr. German, one hundred copies of Mr. De- Morse's minority report were ordered printed. Mr. Chambers submitted the following report : Committee Room, \ Austin, November IT, 1875. f To the Hon. E, B. Pickett^ President of the Convention : Sir — The undersigned, one of yonr special committee charged with the duty of considering the propriety of submitting to the people the separate proposition that the right to the exercise of suifrage shall be conditioned upon the payment of a poll tax, begs leave to dissent from the majority, and would respectfully recommend the rejection of said majority report. Respectfully, Ed. Chambers. One hundred copies ordered printed. Mr. Ford submitted the following report : Committee Room, ) Austin, November 17, 1875. f To the Hon. E. B. Pickett., President of the Convention : The Committee on State Aifairs to which was referred a reso- lution providing for the appropriation and setting apart of three millions of acres of the public lands for the purpose of erecting a new capitol and other necessary public buildings, and that said lands shall not be sold until ten years after the adoption of the new constitution, have had the same under consideration, and instruct me to report as follows : It is evident that within a few years repairs and changes will be required to be made upon the capitol and other public build- ings, and, in order to accomplish these objects, an outlay of money will be made. As a measure of economy, it may be proper and expedient to erect these buildings anew, so that they may more appropriately represent the augmented population of the State. In order to provide for these contingencies, and, at the same time, not increase the burden of taxation, your committee beg leave to report the following section, and ask the Convention to adopt it : " Sec. — . Three million acres of the public domain are hereby appropriated and set apart for the purpose of erecting and con- structing a new State capitol and other necessary public build- ings, at the seat of government ; said lands not to be sold until Nov. 17, 1875.] CONSTITUTIONAL CONVENTION. 699 ten years after the adoption of this constitution ; and the Legis- lature shall pass suitable laws to carry this section into effect." All of which is respectfully submitted. John S. Ford, Chairman, J. F. Johnson. Ed. Chambers. Jo. W. Barnett. W. W. DiLLARD. RoBT. Lacey. One hundred copies ordered printed. Mr. McCormick offered the following amendments to the rules : Amend rule 38, by striking out the w^ord " three," and insert- ing the word "ten." Also amend rule 39, by striking out the word " three," in first line, and inserting the word '' ten." Laid over under the rule. Unfinished business, viz : "Art. — , General Provisions." Mr. Allison offered the following section : " Sec. 20. In all elections to fill vacancies of ofiices in this State it shall be to fill the unexpired terms." Adopted. Mr. McCormick offered the following additional section, to fol- low section 21 : " Sec. — . The Legislature shall provide by law that all sales of real estate made under or by virtue of any writ or process issued out of the courts of tliis State shall be duly advertised in some newspaper published either in the county where the sale is made, or in the county where the judgment or decree is rend- ered ; jprovidedj that the owner of the property thus sold may waive the right to have such advertisement made." Lost by the following vote : Yeas — Arnim, Brown, Cline, Cook of Gonzales; DeMorse, Erhard, McCormick, Nugent, Ramey, Russell of Harrison — 10. IS^AYS — Abernathy, Allison, Ballinger, Barnett, Blake, Blas- singame, Bruce, Burleson, Chambers, Cooke of San Saba, Crawford, Darnell, Davis of Brazos, Douglas, Ferris, Flanagan, Fleming, German, Graves, Haynes, Henry of Limestone, Holt, Johnson of Collin, Killough, King, Lacy, Lockett, McCabe, McKinney of Denton, McKinney of Walker, Martin of Navarro, Martin of Hunt, Mills, Moore, Murphy, Nunn, Pauli, Reagan, Rentfro, Reynolds, Robertson of Bell, Robison of Fayette, Rus- sell of Wood, Sansom, Scott, Sessions, Smith, Spikes, Stewart, Wade, Weaver, Whitehead — 62. Mr. Rentfro moved to strike out section 21. 700 JOURNAL OF THE \Nov. 17, 1875. Lost bj the following vote : Yeas — Brady, Cline, Flanagan, Lockett, McCabe, Mills, Mitchell, Panli, Kentfro, Reynolds, Russell of Harrison — 11. l^AYS — Abernathy, Allison, Arniin, Ballinger, Barnett, Blake, Blassingame, Brown, Bruce, Burleson, Chambers, Cook of Gon- zales, Cooke of San Saba, Crawford, Davis of Brazos, DeMorse, Dillard, Dohoney, Douglas, Erhard, Fleming, Graves, Haynes, Henry of Limestone, Henry of Smith, Holt, Johnson of Collin, Johnson of Franklin, Kilgore, Killough, King, Lacy, McCor- mick, McKinney of Denton, McKinney of Walker, Martin of Kavarro, Martin of Hunt, Moore, Nugent, Kunn, Ramey, Rea- gan, Robertson of Bell, Robison of Faj^ette, Ross, Russell of Wood, Sansom, Scott, Sessions, Spikes, Stewart, Wade, Weaver, Wright— 54. [Mr. Reagan in the Chair.] Mr. McCormick moved to strike out section 24 and insert the following : " Sec. "24. The Legislature shall pass general laws authorizing any county, justice's precinct, or other sub-division of a county, by a vote of two-thirds of the qualified voters of such county voting at such election, or such sub-division of a county, to adopt a fence system for the pretection of farmers and stock-raisers." Mr. Robertson, of Bell, proposed to amend the amendment by striking out " two-thirds " and inserting " three-fourths." On motion of Mr. Dillard, debate was closed, and Mr. Robert- son's (of Bell) amendment lost by the following vote : Yeas — Blake, Brady, Davis of Brazos, Killough, Lockett, McCabe, McKinney of Denton, Mills, Mitchell, Murphy, Rent- fro,|Reynolds, Robertson of Bell, Robison of F^ayette, Russell of Harrison, Smith — 16. Nays — Abernathy, Allison, Arnim, Ballinger, Barnett, Blassin- game, Bruce, Burleson, Chambers, Cline, Cook of Gonzales, Cooke of San Saba, Darnell, DeMcrse, Dillard, Dohoney, Doug- las, Erhard, Ferris, Fleming, Graves, Haynes, Henry of Lime- stone, Holt, Johnson of Frankliii, King, McCormick, McKinney of Walker, Martin of Navarro, Martin of Hunt, Moore, Nugent, Nunn, Reagan, Ross, Russell of Wood, Sansom, Scott, Sessions, Spikes, Stockdale, Wade, Weaver, Whitehead — 44. Mr. McCormick's amendment lost by the following vote : Yeas — Barnett, Brown, Bruce, Burleson, Chambers, Cook of Gonzales, DeMorse, Dillard, Dohoney, Erhard, Flanagan, Graves, Haynes, Holt, Kilgore, McCormick, McKinney of Walker, Moore, Pauli, Reagan, Robison of Fayette, Ross, San- som— 23. NoiK 17, 1875.] CONSTITUTIONAL CONVENTION. 701 Nays — Abernathy, Allison, Arnim, Ballinger, Blake, Blas- siDgame, Brady, Cline, Cooke of San Saba, Darnell, Davis of Brazos, Douglas, Ferris, Ford, Henry of Limestone, Llenry of Smith, Johnson of Collin, Killongh, Lacy, Lockett, McCabe, McKinney of Denton, Martin of Navarro, Martin of Hunt, Mills, Mitchell, Morris, Nngent, Nunn, Kamey, Bentfro, Reynolds, Robertson of Bell, Bnssell of Wood, Scott, Sessions, Spikes, Stewart, Wade, Weaver, Whitehead — 41. Mr. Holt proposed to amend section 24 by striking out " two- thirds " and inserting " a majority." Lost by the following majority : Yeas — Abernathy, Barnett, Brown, Bruce, Burleson, Cham- bers, Cline, Cook of Gonzales, Dillard, Dohonej^ Douglas, Er- hard, Flanagan, Fleming, Graves, Haynes, Henry of Limestone, Holt, Kilgore, King, McCormick, Martin of Navarro, Moore, Nugent, Nunn, Pauli, Reagan, Russell of Harrison, Sansom, Sessions, Spikes, Stewart — 32. Nats — Allison, Arnim, Ballinger, Blake, Blassingame, Brady, Cooke of San Saba, Darnell, DeMorse, Ferris, Ford, Henry of Smith, Johnson of Collin, Killough, Lacy, Lockiett, McCabe, McKinney of Denton,- McKinney of Walker, Martin of Hunt, Mills, Mitchell, Murphy, Ramey, Rentfro, Reynolds, Robertson of Bell, Robison of Fayette, Ross, Russell of Wood, Scott, Smith, Wade, Weaver, Whitehead — 35. Mr. Sansom offered the following as a substitute for sec- tion 24 : " Sec. 24. The Legislature shall have the power to pass such fence laws, applicable to any sub-division of the State or coun- ties, as may be needed to meet the wants of the people." Adopted. Mr. Cline proposed to amend section 26 by striking out of line 134 the words '' as felons." Adopted. Mr. Flanagan moved to strike out section 26. Mr. Martin, of Navarro, moved to lay the motion on the table. Carried. Mr. Stewart moved to insert the words '' or gross neglect " after "omission," in section 27, line 137. Mr. Holt moved to strike out section 28. Adopted by the following vote : Yeas — Abernathy, Barnett, Blassingame, Bruce, Chambers, Crawford, Davis of Brazos, Dillard, Fleming, Flournoy, Graves, Haynes, Henry of Limestone, Holt, Johnson of Collin, Kilgore, Killough, Lacy, McCormick, Martin of Navarro, Martin of 702 JOURNAL OF THE \Nov. 17, 1875. Hunt, Moore, NuDn, Rentfro, Robison of Fayette, Russell of Wood, Scott, Sessions, Smith, Spikes, Stewart, Weaver, White- head, Wright— 34. jS'ats — Allison, Arnini, Blake, Brown, Burleson, Cline, Cook of Gonzales, Cooke of San Saba, Darnell, DeMorse, Doho- ney, Douglas, Erhard, Ferris, Flanagan, McCabe, McKinney of Walker, Mills, Murphy, Nugent, Reagan, Russell of Harrison, Sansom, Stockdale, Wade — 25. Mr. Nunn moved to strike out section 29. Mr. Abernathy moved to lay the motion on the table. Carried by the following vote : Yeas — Abernathy, Arnim, Barnett, Blassingame, Brady, Brown, Bruce, Burleson, Chambers, Cooke of San Saba, Darnell, DeMorse, Dohoney, Ferris, Flanagan, Fleming, Flournoy, Ger- man, Graves, Haynes, Henry of Limestone, Johnson of Collin, Johnson of Franklin, Lacy, Lockett, McCabe, Martin of l^avarro, Martin of Hunt,Mills, Moore, Nugent, Panii, Reagan, Robert- son of Bell, Ross, Russell of Harrison, Sansom, Sessions, Spikes, Stewart, Stockdale, Wade, Weaver, Whitehead, Wright — 4:5. Nats — Allison, Cline, Crawford, Davis of Brazos, Dillard, Douglas, Holt, Killough, MeCormick, McKinney of Walker, Nunn, Rentfro, Robison of Fayette, Russell of Wood, Scott, Smith— 16. Mr. Stockdale stated that the words " champerty " and "maintance" were incorrectly inserted in section 30. Mr. Flournoy moved to re-insert the words. Lost by the following vote : Yeas — Allison, Arnim, Barnett, Blassingame, Brown, Bruce, Burleson, Chambers, Cooke of San Saba, Darnell, Dillard, Doug- las, Erhard, Flournoy, Ford, Haynes, Henry of Limestone, Holt, Johnson of Collin, Johnson of Franklin, Lacy, Martin of Navarro, Mills, Mitchell, Reagan, Robertson of Bell, Robison of Fayette, Ross, Russell of Harrison, Russell of Wood, Sansom, Scott, Ses- sions, Spikes, Wade — 35. Nays — Abernathy, Ballinger, Blake, Brady, Cline, Crawford, Davis of Brazos, DeMorse, Dohoney, F'erris, Flanagan, Fleming, Graves, Henry of Smith, Kilgore, Killough, King, Lockett, Mc- Cabe, MeCormick, McKinney of Denton, McKinney of Walker, Martin of Hunt, Moore, Murphy, Nugent, Nunn, Pauli, Rentfro, Smith, Stewart, Stockdale, Weaver, Whitehead, Wright — 35. [Mr. Dohoney in the chair.] Mr. Pickett moved to strike out section 30. Lost by the following vote : Yeas — Brady, Cline, Crawford, Douglas, Erhard, Ferris, Flan- Nov, 17, 1875.] CONSTITUTIONAL CONVENTION. 703 agan, Henry of Smith, Kilgore, Lockett, McCormick, McKinney of Walker, Martin of Hunt, Moore, Nugent, Nunn, Pauli, Rent- fro, Smith, Stockdale, Wright— 21. Nays — Abernathy, Allison, Arnim, Ballinger, Barnett, Blas- singame. Brown, Bruce, Burleson, Chambers, Cooke of San Saba, Darnell, DeMorse, Dillard, Dohoney, Fleming, Flournoy, Ford, Graves, Henry of Limestone, Johnson of Collin, Johnson of Franklin, Killough, Lacy, Martin of Navarro, Mills, Mitchell, Murphy, Reagan, Reynolds, Robertson of Bell, Robison of Fay- ette, Ross, Russell of Wood, Sansom, Scott, Sessions, Spikes, Stewart, Wade, Weaver — 41. On motion of Mr. Darnell, the Convention adjourned to 2|- o'clock p. M. EVENING SESSION— 2i o'clock. Convention met pursuant to adjournment ; roll called ; quorum present. Pending question resumed. Mr. Barnett offered the following additional section : " Sec. — . The Legislature shall pass laws prescribing the qualification of practitioners of medicine in this State, and to punish persons for malpractice, but no preference shall ever be given by law to any school of medicine." Adopted. Mr. McCormick offered the following additional section : " Sec. 35. The Legislature may provide by law for the estab- lishment of a Board of Health and Vital Statistics, under such rules and regulations as it may deem proper." Adopted by the following vote : Yeas — Abernathy, Allison, Arnim, Ballinger, Barnett, Blas- singame, Brady, Bruce, Burleson, Chambers, Cline, Crawford, Darnell, Davis of Brazos, DeMorse, Fleming, Ford, Haynes, Henry of Limestone, Henry of Smith, Johnson of Franklin, Kilgore, Killough, Lacy, Lockett, McCormick, McKinney of Walker, Martin of Hunt, Mills, Nugent, Pauli, Reagan, Rey- nolds, Robertson of Bell, Robison of Fayette, Ross, Russell of Wood, Sansom, Scott, Sessions, Spikes, Stockdale, Wade, Wael- der. Weaver, Whitehead, Wright — 47. Nays — Douglas, German, Graves, Holt, Johnson of Collin, McKinney of Denton — 6. Mr. Kilgore offered the following amendment to section 34 : Strike out the words " first day of July, A. D. 1873," and in- sert '' 15th day of March, 1875," in line 168. Adopted. 704 JOURNAL OF THE [JVov, 17, 1875. Mr. Paiili proposed to amend section 34 by adding after word " teachers," in line 167, the words " and inspectors." Lost. Mr. Stewart offered the following amendment : "And all material men furnishing to the owner, or builder, or contractor, materials for the construction or repair of build- ings, or other improvements, shall have a lien on such buildings and improvements for the value of such materials so furnished," to be inserted between the words " therefor " and " and," in line 171. Mr. Cline proposed to substitute the amendment by the fol- lowing : Strike out line 169 and line 170 to the word " manufactured," inclusive, and insert the words " mechanics, artisans, and ma- terial men of every class, shall liave a lien upon the buildings and articles made." Mr. Martin, of Navarro, moved to lay l>otli amendments on the table. A division of the question was ordered. Mr. Stewart's amendment was laid on the table by the follow- ing vote : Yeas — Abernathy, Allison, Arnim^ Ballinger, Blake, Blas- singame, Bruce, Burleson, Chambers, Cline, Cooke of San Saba, Crawford, Darnell, DeMorse, Dohoney, Flanagan, Flemings Ger- man, Graves, Henry of Limestone, Henry of Smith, Holt, Johnson of Collin, Johnson of Franklin, Killough, Lacy, Lockett, McCabe, McKinney of Denton, Martin of ISTavarro, Martin of Hunt, Mitchell, Murphy, Nugent, Pauli, Reagan, Be3molds, Bobertson of Bell, Boss, Bussell of Wood, Sansom, Scott, Sessions, Smith, Spikes, Stockdale, Wade, Weaver, White- head, Wright— 50. Nays — Brady, Douglas, McCormick, McKinney of Walker, Mills, Rentfro, Bobison of Fayette, Stewart — 8. The question then recurring on laying Mr. Cline's amendment on the table, the same was put, and the Convention refused to lay it on the table by the following vote : Yeas— Abernathy, Blake, Blassingame, Burleson, Crawford, Darnell, Graves, Henry of Smith, Holt, King, McCabe, Martin of Navarro, Robertson of Bell, Robison of Fayette, Ross, Scott, Sessions, Spikes, Wade, Whitehead, Wright — 21. Nays — Ballinger, Barnett, Brady, Bruce, Chambers Cline, Cooke of San Saba, DeMorse, Dohoney, Douglas, Erhard, Flanagan, Fleming, Ford, Johnson of Collin, Johnson of Franklin, Killough, Lacy, Lockett, McCormick, McKinney of Denton, Mc- Nov. 17, 1875.] CONSTITUTIONAL CONVENTION. 705 Kinnej of Walker, Martin of Hunt, Mills, Mitchell, Murphy, Nugent, Pauli, Eeagan, Rentfro, Russell of Wood, Stewart, Stockdale, Weaver — 34. Mr. McKinney, of Walker, offered the following substitute for section 35 : " Mechanics and artisans of every class shall have a lien on the articles and buildings manufactured, constructed or repaired by them, for the value of their labor done thereon, or materials furnished therefor ; and the Legislature shall provide by law for the speedy and efficient enforcement of such liens." Mr. Cline's amendment adopted. Mr. McKinney's substitute lost. Mr. Brady offered the following section : " Section — . The Legislature shall, at its first session after the ratification of this constitution by the people, provide for the payment of all outstanding deficiency warrants due, or which become due, to the teachers of public free schools from the various school districts into which the different counties of the State have been, are, or may hereafter be divided, on or before the 1st day of September, A. D. 1876 ; also for amounts due for leases and rentings of school-houses to same date." Mr. Graves moved to lay the amendment on the table. Carried by the following vote : Yeas — Abernathy, Allison, Arnim, Barnett, Blake, Blas- singame, Bruce, Burleson, Chambers, Cooke of San Saba, Do- honey, Douglas, Graves, Henry of Limestone, Henry of Smith, Holt, Lacy, McCormick, McKinney of Denton, Martin of Navarro, Moore, Nugent, Reagan, Robison of Fayette, Russell of Wood, Sansom, Scott, Sessions, Smith, Spikes, Stockdale, Wade, Wliitehead, Wright— 34. Nats — Brady, Cline, Crawford, Darnell, DeMorse, Erhard, Flanagan, Fleming, Ford, Johnson of Collin, Killough, Lockett, McCabe, McKinney of Walker, Mills, Mitchell, Pauli, Rentfro, Reynolds, Ross, Stewart, Weaver — 23. Mr. Reagan moved to reconsider the motion adopting Mr. Kil- gore's amendment to section 34, striking oat the words " July 1, 1873," and inserting " loth March, 1875." Carried. The question on the adoption of the amendment was then put, and the amendment was lost by the following vote : Yeas — Brady, Dunnam, Flanagan, Fleming, German, Graves, Haynes, Holt, Kilgore, King, Lockett, McCormick, McKinney of Walker, Mills, Mitchell, Moore, Nugent, Nunn, Pauli, Rent- fro, Reynolds, Wade — 22. 46 ^06 JOURNAL OF THE {Nov. 17, 1875. Nays — Abernathy, Allison, Arnim, Barnett, Blake, Blassin- game, Bruce, Burleson, Chambers, Cooke of San Saba, Darnell, DeMorse, Dillard, Douglas, Erhard, Ford, Henry of Limestone, Johnson of Collin, Johnson of Franklin, Killough, Lacy, Mc- Kinney of Denton, Murphy, Ramey, Reagan, Robertson of Bell, Robison of Fayette, Russell of Wood, Sansom, Scott, Ses- sions, Spikes, Stockdale, Weaver, Whitehead, Wright — 36. Mr. Ramey made the following report : Committee Room, [ Austin, Texas, November 17, 1875. ) To the Hon, E. B. Pickett.^ President of the Convention : Sir — Your Committee on Engrossed and Enrolled Ordinances beg leave to report to your honorable body that they have ex- amined and compared "Article — , Judicial Department," and find the same correctly engrossed. Respectfully, Wm. Neal Ramey, Chairman. Two hundred copies of the article ordered printed. Mr. McKinney, of Walker, offered the following amendments : Amend section 34 by inserting in line 167, after the word " schools," the words "'by the State ; " add to line 168 " and for the payment by the school districts in this State of the amount justly due teachers of public schools by such districts to January, 1876. Mr. Nugent proposed to amend as follows : '-'Provided^ that the Legislature shall authorize a tax to be levied in the several school districts of the State for the payment of balances due teachers for services rendered therein during the scholastic year ending the 31st day of August, 1875." Lost by the following vote : Yeas — Allison, Ballinger, Brady, Burleson, Crawford, Dar- nell, Davis of Brazos, DeMorse, Dohoney, Ferris, Flanagan, Ford, German, Ilayues, Henry of Smith, Holt, Johnson of Franklin, King, McCabe, McCormick, Mills, Mitchell, Moore, Nugent, Nunn, Fauli, Rentfro, Reynolds, Smith, Stockdale — 30. Nays — Abernathy, Arnim, Barnett, Blake, Blassingame, Brown, Bruce, Chambers, Cline, Cooke of San Saba, Dillard, Douglas, Flournoy, Graves, Henry of Limestone, Johnson of Collin, Kilgore, Killough, Lacy, McKinney of Denton, McKin- ney of Walker, Martin of Navarro, Murphy, Reagan, Robertson of Bell, Robison of Fayette, Sansom, Scott, ' Sessions, Spikes, Weaver, Whitehead, Wright— 33. Mr. McKinney's (of Walker) amendment lost, by the follow- ing vote : Nov. 17, 1875.J CONSTITUTIONAL CONVENTION. 707 Yeas — Allison, Arnim, Ballinger, Brady, Brown, Bruce, Burle- son, Chambers, Cline, Crawford, Darnell, Davis of Brazos, De- Morse, Dillard, Dohoney, Erhard, Flanagan, Fleming, Ford, German, Graves, Haynes, Henry of Smith, Holt, Johnson of Collin, Johnson of Franklin, Kilgore, Killough, King, Lockett, McCabe, McCormick, McKinney of Walker, Martin of Hunt, Mills, Moore, Nugent, Nunn, Pauli, Rentfro, Reynolds, Scott, Spikes, Stewart, Stockdale, Weaver, Whitehead — 47. Nays — Abernathy, Barnett, Blake, Blassingame, Cooke of San Saba, Douglas, Henry of Limestone, Lacy, McKinney of Denton, Martin of Navarro, Murphy, Reagan, Robertson of Bell, Robison of Fayette, Russell of Harrison, Russell of Wood, Sessions, Wright— 18. Mr. Erhard offered the following amendment : Section 34, line 168 : " and for school house leases, and for services of school superintendents, such as have been approved up to July 1, 1873.^' Laid on the table. Mr. Bruce moved to strike out section 36. Lost by the following vote : Yeas — Allison, Arnim, Barnett, Blassingame, Bruce, Cham- bers, Cooke of San Saba, Dillard, Douglas, Fleming, German, Graves, Henry of Limestone, Holt, Johnson of Collin, Lacy, McKinney of Denton, Mills, Mitchell, Pauli, Rentfro, Robert- son of Bell, Robison of Fayette, Russell of Wood, Scott, Spikes, Whitehead, Wright— 28. .. ., Nays — Abernathy, Ballinger, Blake, Brady, Brown, Burleson.^^ Cline, Crawford, Darnell, Davis of Brazos, DeMorse, Dohoney, Erhard, Flanagan, Ford, Haynes, Henry of Smith, Johnson of Franklin, McCabe, McCormick, McKinney of Walker, Martin of Navarro, Martin of Hunt, Moore, Murphy, Nunn, Reagan j Reynolds, Sessions, Stew^art, Stockdale, Weaver — 32. Mr. Bruce offered the following amendment : Add to section 36 the following: " Until such office shall be created, the Comptroller shall perform the duties pertaining thereto, for which service he shall be allowed, out of the fees accruing from that source, such compensation as may be pro- vided by law." Laid on the table. ^ On motion of Mr. Nugent, section 37 was stricken out. Mr. Robertson, of Bell, offered the following amendment : Section 39, in line 189, strike out the w^ords "postmasters." Lost. Mr. Cline proposed to add at the end of line 188 the words " County Commissioners." 708 JOURNAL OF THE {Nov. i8, 1875. Adopted. Mr. Rentfro moved to adjourn to 9 o'clock a. m. to-morrow. Lost. Mr. Douglas moved to strike out section 41. Lost. Mr. Sansom offered the following amendment as a substitute for sections 48, 49, 50, 51 and 52 : " Sec. — . The property of every head of a family, not to ex- ceed in value fifteen hundred dollars, shall be exempt from forced sale, except for the purchase money of the same, or for the taxes due thereon to the State or county, or corporation, in which the same may be situated." On motion of Mr. Mills, the Convention adjourned to 9 o'clock A. M. to-morrow. SIXTY-THIRD DAY. Hall or Representatives, Austin, Texas, November 18, 1875. Convention met pursuant to adjournment ; roll called ; quorum present. Prayer by the Rev. J. S. Grasty, of the Presbyterian Church, at Austin. Journal of yesterday read and adopted. [Mr. Brown in the chair.] On motion of Mr. Pauli, Mr. Reynolds was excused until day after to-morrow. On motion of Mr. Scott, Mr. Russell, of Wood, was excused on account of sickness. Mr. Darnell moved to take up the ordinance granting relief to the Texas and Pacific Railroad. Carried, and the ordinance made special order, to be taken up as soon as the pending question. General Provisions, was dis- posed of. Mr. Bruce moved to reconsider the vote adopting the amend- ment of Mr. Barnett relative to regulating the practice of medi- cine. On motion of Mr. Dillard, the main question was ordered, and the vote was not reconsidered. Mr. McCormick called up his resolution amending the rules, which was submitted on yesterday, and the resolution lost by the following vote : Yeas — Abernathy, Arnim, Barnett, Blake, Cooke of San Nov. i8, 1875.J CONSTITUTIONAL CONVENTION. 709 Saba, Crawford, Davis of Brazos, Dillard, Douglas, Fleming, Flournoy, Graves, Henr}^ of Limestone, HolC McCormick, Moore, Ross, Scott, Sessions, Spikes, Wade, Whitehead, Wright. Nays — Allison, Eallinger, Blassiiigame, Brown, Bruce, Cham- bers, Cline, Darnell, DeMorse, Doh'oney, Erhard, Ferris, Flan- agan, Ford, German, Haynes, Henry of Smith, Johnson of Collin, Kilgore, Killough, King, Lacy, Lockett, McCabe, McKin- ney of Denton, Martin of Navarro, Mills, Murphy, Nugent, Nunn, Ramey, Rentfro, Robertson of Bell, Robison of Fayette, Russell of Harrison, Sansom, Smith, Stewart, Stockdale, Weaver — 40. Mr. Rentfro moved to reconsider the vote just taken, and to lay the motion on the table. Carried. Unfinished business, viz : " General Provisions." Mr. Sansom's substitute for sections 48, 49, 50, 51 and 52, pending on adjournment, was taken up. On motion of Mr. Dillard, the substitute was laid on the table. Mr. Darnell offered the following amendment : Amend section 49 by striking out, in line 252, all after the word "law" to the end of the section, and insert "nor shall they or either of them ever have the power to mortgage or exe- cute a deed of trust on the same ; and all pretended sales of the homestead, involving any condition of defeasance, shall be void." Mr. Nugent offered the following amendments : Strike out all of section 51 after the word " as," in line 266, and insert the words " any of the children of the deceased are minors." Strike out section 52. Mr. Johnson, of Collin, offered the following as a substitute for Mr. Darnell's amendment : In section 49, strike out all after the word " law," in line 252, and insert, " No mortgage, trust deed or other lien on the home- stead shall ever be valid, except for purchase money therefor, or improvements thereon as hereinabove provided, whether such mortgage or trust deed, or other lien, shall have been created by the husband alone, or together with his wife ; and all pretended sales of the homestead, involving any condition of defeasance, shall be void." On motion of Mr. Wade, the debate was closed on Mr. John- son's (of Collin) substitute, and adopted by the following vote : Yeas — Abernathy, Allison, Arnim, Ballinger, Barnett, Blake, Blassingame, Brown, Bruce, Burleson, Chambers, Cook of Gon- 110 JOURNAL OF THE [M?v. i8, 1875. zales, Cooke of San Saba, Darnell, DeMorse, Erliard, Fleming, Fiournoy, Graves, Ilaynes, Henry of Limestone, Johnson of Col- lin, Johnson of Franklin, Lacy, Lockett, McCormick, McKinney , of Denton, McKinney of Walker, Martin of Navarro, Martin of Hunt, Mills, Nugent, Pauli, Kamey, Eentfro, Robertson of Bell, Ross, Russell of Harrison, Sessions, Stewart, Stockdale, Wade, Weaver, Whitehead — 44. Nays — Cline, Crawford, Davis of Brazos, Dillard, Dohoney, Douglas, Ferris, Flanagan, Henry of Smith, Holt, Kilgore, Kil- lough, McCabe, Mitchell, Moore, Nunn, Reagan, Robison of Fayette, Sansom, Scott, Smith, Spikes, Wright — 23. Mr. Murphy was paired off with Mr. Waelder, but for which he would have voted '' yea." The question then recurring on the adoption of the amend- ment as a part of the article, the same was put and the amend- ment adopted, by the follow^ing vote : Yeas — Abernathy, Allison, Arnim, Ballinger, Barnett, Blake, Blassingame, Brown, Bruce, Burleson, Chambers, Cook of Gon- zales, Cooke of San Saba, Darnell, DeMorse, Erhard, Fiournoy, Ford, Graves, Haynes, Henry of Limestone, Johnson of Collin, Johnson of Franklin, King, Lacy, McCormick, McKinney of Denton, McKinney of Walker, Martin of Navarro, Martin of Hunt, Mills, Mitchell, Nugent, Pauli, Ramey, Rentfro, Robertson of Bell, Ross, Russell of Harrison, Sessions, Spikes, Stewart. Stock- dale, Wade, Weaver, Whitehead — 46. Nays — Cline, Crawford, Davis of Brazos, Dillard, Dohoney, Douglas, Ferris, Flanagan, Henry of Smith, Holt, Kilgore, Kil- lough, Lockett, McCabe, Moore, Nunn, Reagan, Robison of Fay- ette, Sansom, Scott, Smith, Wright — 22. Mr. Murphy was again paired off with Mr. Waelder, but for which fact he would have voted " yea." Mr. Mills moved to reconsider the vote just taken, and to lay the motion on the table. Carried. Mr. Stockdale offered the follow^ing amedments : Amend section 50 by inserting in line 256, after the word " parcels," the following : " Provided^ that the same shall be used for the purposes of a home, or for the raising of any crop or crops, and for preparing the same for market." And the section further by adding at the end thereof the fol- lowing : " Provided^ that the same shall be used for the pur- poses of a home, or as a place to exercise the calling or business of the head of the family." Mr. Haynes moved the main question on the engrossment of the article. Nov, i8, 1875. J CONSTITUTIONAL CONVENTION. 711 Mr. Kin2: made the point that the motion was out of order, as the Convention was considering the article section by section. The chair ruled against the point, and the Convention refused to order the main question. Mr. Robertson, of Bell, offered the following as an amendment to Mr. Stockdale's amendment : Section 50, line 256, after the word " parcels," insert the words " with the improvements thereon." Adopted. Mr. Murphy offered the following amendment : '''' Provided^ also ^ that any temporary renting of the home- stead shall not change the character of the same where no other homestead has been acquired." Accepted. Mr. Stockdale's amendment as amended was adopted. Mr. Ballinger offered the following amendment: Section 49, line 243, after the word " family," insert the words " not acquired by fraud." On motion of Mr. Flanagan, the Convention adjourned to 2^ o'clock p. M. EYENING SESSION— 2i o'clock. Convention met pursuant to adjournment ; roll called; quorum present. Mr. Ballinger's amendment, pending on adjournment, on motion of Mr. Reagan, passed over for the present. [Mr. Stockdale in the chair.] Mr. Reagan offered the following amendment : Amend section 50 by adding ''provided, no homestead exemp- tion shall exceed ten thousand dollars in value, and the Legisla- lature shall provide for determining for the disposition of the excess over ten thousand dollars, for the benefit of creditors." Lost by the following vote : Yeas — Allison, Arnim, Blake, Cline, Cook of Gonzales, Crawford, Dillard, Dohoney, Erhard, Fleming, Henry of Lime- stone, Holt, Killough, Lockett, McCormick, Murphy, Martin of Navarro, Pauli, Reagan, Robison of Fayette, Ross, Sansom, Scott, Smith— 24. Nays — Abernathy, Ballinger, Barnett, Blassingame, Brown, Bruce, Burleson, Chambers, Cooke of San Saba, Darnell, DeMorse, Douglas, Flanagan, Flournoy, Ford, German, Haynes, Johnson of Collin, Johnson of Franklin, King, Lacy, McCabe, McKinney of Denton, McKinney of Walker, Mills, Mitchell, 712 JOURNAL OF THE [M?v. i8, 1875. Moore, Martin of Hunt, Nugent, Kentfro, Kobertson of Bell, Ses- sions, Spikes, Stewart, Stockdale, Wade, Weaver, Whitehead, Wright— 39. Mr. Ballinger's amendment was again taken up. Mr. Graves moved to close debate on all pending amendments. Carried. Mr. Ballingers amendment lost by the following vote : Yeas — Allison, Ballinger, Blake, Brady, Cline, Cooke of Gon- zales, Crawford, Davis of Brazos, Dillard, Dohoney, Douglas, Erhard, Ferris, Flanagan, Henry of Smith, Holt, Kilgore, Kil- lough, Lockett, McCabe, McCormick, Moore, Nunn, Panli, Eea- gan, Kobison of Fayette, Ross, Sansom, Scott, Smith, Spikes, Stockdale— 32. Nays — Abernathy, Arnim, Barnett, Blassingame, Brown, Bruce, Burleson, Chambers, Cooke of San Saba, Darnell, De- Morse, Flournoy, Ford, German, Graves, Haynes, Henry of Limestone, Johnson of Collin, Johnson of Franklin, King, Lacy, McKinney of Denton, Martin of Navarro, Mills, Mitchell, Nu- gent, Eentfro, Robertson of Bell, Sessions, Stewart, Wade, Weaver, Whitehead, Wright — 34. Mr. Nugent's amendments lost. Mr. King's amendment, to add to section 47, ''^ inovided^ that the public free school law shall continue in full force and opera- tion until the 1st of September, 1876," lost. Mr. Nugent's amendment to strike out section 52 adopted, as follows : Yeas — Allison, Arnim, Barnett, Blassingame, Brown, Bruce, Burleson, Chambers, Cooke of San Saba, Darnell, DeMorse, Erhard, Fleming, Ford, Graves, Haynes, Johnson of Collin, Johnson of Franklin, Kilgore, King, Lacy, McKinney of Den- ton, Martin of Hunt, Moore, Murphy, Nugent, Ramey, Reagan, Rentfro, Robertson of Bell, Ross, Smith, Stewart, Wade, Weaver, Whitehead— 36. Nays— Abernathy, Ballinger, Blake, Brady, Cline, Cook of Gonzales, Crawford, Davis of Brazos, Dillard, Dohoney, Douglas, Ferris, Flanagan, Flournoy, Henry of Limestone, Henry of Smith, Holt, Killough, Lockett, Martin of Navarro, Mills, Mitchell, Nunn, Pauli, Robison of Fayette, Sansom, Scott, Sessions, Spikes, Stockdale, Wright— 31. Mr. Reagan offered the following additional section : " Sec. — . That all the navigable waters of the State shall forever remain public highways, free to the citizens of the State and of the United States, without tax, impost or toll; and that 110 tax, toll, impost or wharfage shall be demanded or received Nov. i8, 1875.] CONSTITUTIONAL CONVENTION. 713 from the owner of any merchandise or commodity, for the use of the shores, or any wharf erected on the shores, or in, or over any of said waters, unless expressly authorized by law." Mr. Kilgore moved to reconsider the vote taken on yesterday adopting Mr. Sansom's substitute for section 2i. Lost. Mr. Ford offered the following new sections : " Sec. — . The Legislature shall pass laws authorizing the Governor to lease or sell to the government of the United States a sufficient quantity of the public domain of this State necessary for the erection of forts, barracks, arsenals and military stations, or camps, and for other needful military purposes; and the action of the Governor therein shall be subject to the approval of the Legislature." Adopted. ''Sec. — . The Legislature shall pass law^s to prevent inter- ference in elections, other than their own, by judicial officers, and the same shall be cause for removal from office." Lost. Mr. DeMorse offered the following amendment : " Every male citizen between the ages of seventeen and fifty years shall be subject to work upon the public roads and bridges not exceeding ten days in any one year, under direction of a road or county overseer, to be elected by the County Commissioners thereof, which labor may be substituted or compensated by the payment of one dollar per day ; and no road tax shall ever be levied for work on roads; but a tax for the construction of bridges, when indispensable, not exceeding one-sixth of one per cent, on the taxable property in each county, may be levied by the County Commissioners of any county in the State." Lost. Mr. Cline offered the following amendment : " Section — . The rights of married women to their separate property, real and personal, shall be protected by law; and married women, infants, and insane persons shall not be barred of their rights of property by adverse possession or law of limita- tion of less than seven years from and after their age of majority, and the removal of each and all of their respective legal disabilities." Lost by the following vote : Yeas — Brady, Cline, DeMorse, Dohoney, Lockett, Mills, Pauli, Kamey, Rentfro, Stewart, Wade, Weaver — 12. N"ays — Abernathy, Allison, Arnim, Ballinger, Barnett, Blake, Blassingame, Brown, Bruce, Chambers, Cooke of San Saba, lU JOURNAL OF THE \JVov. i8, 1875. Crawford, Darnell, Davis of Brazos, Dillard, Douglas, Ferris, Flanagan, Fleming, Flournoy, German, Graves, Ilaynes, Henry of Limestone, Henry of Smith, Holt, Johnson of Collin, John- son of Franklin, Killongh, King, Lacy, McCormick, Martin of ]S"avarro, Martin of Hunt, Mitchell, Moore, Nugent, Nunn, Reagan, Robertson of Bell, Scott, Sessions, Spikes, Whitehead, Wright— 45. Mr. Ballinger offered the following section : " Section — . The Legislature shall have power to pass general and special laws providing for the inspection of cattle, stock and hides, and for the regulation of brands." Mr. Dillard moved the previous question. Mr. King offered the following amendment : Amend section 55 by striking out all after the word " pen- sions," in line 285, and add " to surviving soldiers or volunteers in the war between Texas and Mexico, the surviving signers of the declaration of the independence of Texas, and to such others who have rendered military service in behalf of the State, as may be deemed w^orthy of pension." Mr. Reagan withdrew his amendment, and offered it as a dis- tinct section, and it was made the special order for 10 o'clock A. M. to-morrow, under suspension of the rule. On motion of Mr. Dillard, the main question was ordered. Mr. Ballinger's amendment adopted. Mr. King's amendment adopted. Mr. Wright offered the following amendment : Add to section 18, ''•provided^ that insurance companies may be permitted to discount notes and bills." Lost. The article was then ordered engrossed, by the following vote : Yeas — Abernathy, Allison, Arnim, Ballinger, Barnett, Blassingame, Brown, Bruce, Burleson, Chambers, Cooke of San Saba, Crawford, Darnell, Davis of Brazos, DeMorse, Dillard, Dohoney, Douglas, Erhard, Ferris, Flanagan, Fleming, Flournoy, Ford, German, Graves, Ilaynes, Henry of Limestone, Henry of Smith, Holt, Johnson of Collin, Johnson of Franklin, Kilgore, Killough, King, Lacy, McCormick, McKinney of Denton, Mc- Kinney of Walker, Martin of Navarro, Martin of Hunt, Moore, Nugent, Nunn, Ramey, Reagan, Robertson of Bell, Robison of Fayette, Ross, Sansom, Scott. Sessions, Smith, Spikes, Stewart, Stockdale, Wade, Weaver, Whitehead, Wright— 62. jsf^YS— Brady, Cline, Lockett, McCabe, Mills, Mitchell, Mur- phy, Pauli, Rentfro — 9. On motion of Mr. Kilgore, two hundred copies of the article were ordered printed, after engrossment. Nov. 19, 1875.] CONSTITUTIONAL CONVENTION. 715 Mr. Darnell moved to adjourn to 1\ o'clock p. m. On motion of Mr. Rentfro, the Convention adjourned to 9 o'clock A. M. to-morrow. SIXTY-FOURTH DAY. Hall of Representatives, Austin, Texas, November 19, 1875. Convention met pursuant to adjournment ; roll called ; quorum present. Prayer by the Rev. J. S. Grasty, of the Presbyterian Church. Journal of yesterday read and adopted. Mr. Wright submitted the following report : Co]\oiittee Room, ) Austin, Texas, November 18, 1875. \ To the Hon. E. B. Pickett.^ President of the Convention : Sir — Your Committee on Private Corporations have consid- ered the various matters referred to them, and have instructed me to submit the following article and recommend its adoption. "W. B. Wright, Chairman. " Section 1. No private corporation shall be created except by general laws. '' Sec. 2. General laws shall be enacted providing for the crea- tion of private corporations, and shall therein provide fully for the adequate protection of the public and of the individual stockholders. " Sec. 3. The right to authorize and regulate freight, tolls, wharfage or fares, levied and collected, or proposed to be levied and collected, by individuals, companies or corporations, for the use of highways, landings, wharves, bridges and ferries, devoted to public use, has never been, and shall never be relinquished or abandoned by the State, but shall always be under legislative control and depend upon legislative authority. " Sec. 4. The first Legislature assembled after the adoption of this constitution shall provide a mode of procedure by the Attorney General and District or County Attorneys in the name and behalf of the State, to prevent and punish the demanding and receiving or collection of any and all charges as freight, wharfage, fares or tolls, for the use of property devoted to the public, unless the same shall have been specially authorized by law. 716 JOURNAL OF THE [JVov. 19, 1875. " Sec. 5. All laws granting the right to demand and collect freights, fares, tolls or wharfage sliall at all times be subject to amendment, modification or repeal by the Legislature." W. B. Wright, Chairman. Geobge Flournoy, Geo. McCormick, Robert Lacey, W. W. DiLLARD, Marion Martin, W. L. Crawfod, J. F. Johnson. Mr. Murphj reported as follows : Committee Room, | Austin, JNovember 18, 1875. f To the Hon. E. B. Pickett^ President of the Convention : The undersigned members of the Committee on Private Cor- porations can not concur in the report made bj the chairman, nor in the article recommended to be adopted, in so far as it assumes in the article, as a right on the part of the State to regulate " freights, charges," etc., of companies heretofore char- tered, for the reasons following : 1. The charters heretofore granted are executed contracts, and article 1, section 10, of the Constitution of the United States prohibits any State from passing any law impairing the obliga- tion of contracts. 2. Because the efiect of the article as to existing charters w^ould be to deprive the incorporators w^ithout due process of law of their property, which is prohibited by article 14 of the Constitution of the United States. 3. Because the State has no right to regulate the charges of incorporated companies unless reserved in the charters. J. B. Murphy, T. L. Nugent, B. Blake. One hundred copies of the reports and articles ordered printed. Special order taken up, viz., "Ordinance for relief of the Texas and Pacific Railroad," with report of a select committee, recommending amendments, and a minority report of the com- mittee. Mr. German moved, to postpone the consideration of the or- dinance until the action on the articles on " Taxation and Revenue," "Judicial Department," and " General Provisions." Lost. N(rv. 19, 1875.] CONSTITUTIONAL CONVENTION. 717 Mr. Dohoney offered the following amendments to the com- mittee's amendments : In line 2 strike out the words " interfered with" and insert the word " affect." In line 5, after the word " town " insert the words " or city." Adopted. The amendments of committee adopted. Mr. E'ugent offered the following amendment : ''And provided, further, that any reservation of public do- main heretofore made for said railway shall be opened to actual settlement imder the pre-emption laws of the State." The yeas and nays being demanded, the amendment was adopted by the following vote : Yeas — Abernathy, Allison, Arnim, Barnett, Blassingame, Brown, Bruce, Chambers, Cook of Gonzales, Crawford, DeMorse, Dillard, Fleming, Flournoy, German, Graves, Ilaynes, Johnson of Collin, Johnson of Franklin, Kilgore, Killough, Lacy, McCor- mick, McKinney of Denton, McKinney of Walker, Moore, ISTu- gent, Nunn, Pauli, Hamey, Keagan, Robertson of Bell, Robison of Fayette, Ross, Russell of Wood, Scott, Sessions, Smith, White- head—39. Nays — Blake, Burleson, Cline, Cooke of San Saba, Darnell, Davis of Brazos, Dohoney, Erhard, Ferris, Flanagan, Ford, Henry of Limestone, Holt, King, Lockett, Lynch, McCabe, Mar- tin of Navarro, Martin of Hunt, Mills, Murphy, Rentfro, Russell of Harrison, Sansom, Spikes, Stockdale, Wade, Weaver, Whit- field, Wright— 30. Mr. Nugent moved to reconsider the vote just taken, and to lay the motion on the table. A call of the Convention was demanded. Absentees — Messrs. Brady, Morris, McLean and West. On motion of Mr. Dillard, Mr. McLean was excused. Mr. Brady appeared and answered to his name. Mr. McCormick moved to suspend the call. Lost. The hour having arrived for the special order, viz ; Mr. Rea- gan's separate section relative to public highways, it was taken up. Mr. Reagan offered the following amendment to the section : Amend the section by inserting between the words " State " and " shall," in line 1, the following : " embracing those which form common boundaries between this State and other States or territories, and between this State and Mexico." Mr. West appeared and answered to his name. ns JOURNAL OF THE [JVov. 19, 1875. On motion of Mr. Keagan, the call was suspended. Mr. Xugent's motion to reconsider and lay on the table was then put and lost by the following vote : Yeas — Arnim, Blassingame, Bruce, DeMorse, Dillard, Flem- ing, German, Graves, Ha^aies, Johnson of Collin, Lacy, McCor- ormick, Moore, Nugent, Pauli, Robertson of Bell, Robison of Fayette, Eoss, Russell of Wood, Sansom, Scott — 21. Nays — Abernathy, Ballinger, Barnett, Blake, Brady, Brown, Burleson, Chambers, Cline, Cook of Gonzales, Cooke of San Saba, Crawford, Darnell, Dohoney, Douglas, Erhard, Ferris, Flan- agan, Flournoy, Ford, Henry of Limestone, Holt, Johnson of Franklin, Kilgore, Killourfi, King, Lockett, McCabe, Martin of Navarro, Mills, Mitchell, Murphy, Nunn, Ramey, Reagan, Rent- fro, Russell of Harrison, Sessions, Smith, Spikes, Stockdale, Wade, Weaver, West, Whitehead, Whitfield, Wright— 47. On motion of Mr. Wright, the question under consideration, viz : Mr. Reagan's section on public highways over the waters of the State, was postponed and consolidated with the article on private corporations. The Convention then proceeded with the consideration of the ordinance for the relief of the Texas Pacific Railroad, the ques- tion to reconsider the vote adopting Mr. Nugent's amendment being the pending question." [Mr. Brown in the chair.] Mr. Dillard moved the previous question. Carried. The vote was then reconsidered by the following vote : Yeas — Ballinger, Barnett, Blake, Brown, Burleson, Chambers, Cline, Cooke of "San Saba, Crawford, Darnell, Dohoney, Doug- las, Erhard, Ferris, Flanagan, Ford, Henry of Limestone, Holt, Johnson of Franklin, Kilgore, Killough, King, Lockett, Martin of Navarro, Martin of Hunt, Mills, Mitchell, Murphy, Reagan, Rentfro, Russell of Harrison, Sansom, Sessions, Smith, Spikes, Stockdale, Wade, Weaver, West, Whitfield, Wright— 41. Nays — Arnim, Blassingame, Bruce, DeMorse, Dillard, Fleni ing, Flournoy, German, Graves, Haynes, Johnson of Collin, Lacy, McCabe, McCormick, McKinney of Walker, Moore, Nu- gent, Pauli, Ramey, Robertson of Bell, Robison of Fayette, Ross, Whitehead— 22. Mr. Nugent's amendment was then lost by the following vote: Yeas — Arnim, Blassingame, Bruce, Crawford, DeMorse, Dillard, Fleming, Flournoy, German, Graves, Haynes, Johnson of Collin, LacyJ McCabe, McCormick, McKinney of Walker,^ Moore, Nugent, Pauli, Ramey, Robertson of Bell, Robison of Fayette, Ross, Smith, Whitehead — 25. Nov. 19, 1875.J CONSTITUTIONAL CONVENTION. VlQ Kays — Barnett, Blake, Brady,Brown, Burleson, Cline, Cooke of San Saba, Darnell, Davis of Wharton, Dohoney, Douglas, Erhard, Ferris, Flanagan, Ford, Henry of Limestone, Holt, Johnson of Franklin, Kilgore,Killougli, King, Lockett, Martin of Kavarro, Martin of Hunt, Mills, Murphy, Nunn, Reagan, Rent- fro, Russell of Harrison, Sansom, Sessions, Spikes, Stockdale, Wade, Weaver, West, Whitfield, Wright— 39. Mr. Stockdale offered the following amendment : *' And Whereas, said financial panic has had the same para- lizing effect on all other railway constructions in this^ State ; therefore, ^'Be it ficrtJier ordained^ that all railway companies in this State are hereby granted twelve months time, from the adoption of the constitution framed by this Convention, to comply with the requirements of their charters ; and the time for the construc- tion of any part and for the completion of the whole of the work to be done by any railway company as required by the charters thereof." Mr. Ballinger oftered the following amendment: '^Provided, that the express condition of this ordinance, and of all rights under the same, is, and it is hereby enacted and de- clared, that any railroad now or hereafter chartered by the State of Texas, whose line connects with or crosses the line of said Texas and Pacific Railway, may connect with the same, and shall have and receive all facilities for such connection in transporta- tion and business, and for the receipt and transfer of cars and freight from one to the other, without breaking bulk, which can be afforded to connecting railways, and that the cars, pas- senger and freight, received from said connecting railroads, or carried over said Texas and Pacific Railway, or an^^ part thereof, destined to any point on the gulf coast, or any of said connecting railroads, shall be transported and carried by said Texas and Pacific Railway Company at the same pro rata rates of freight and passage per mile, and at no higher rates tlian the through rates of freight and passage charged by said Texas and Pacific Railway Company to the extreme points of its own and all con- necting railroads to their termini on the Atlantic or Pacific ; the express intent and effect hereof being, that cars, passengers and freights to and from the gulf coast and other points on any of such connecting Texas railroads shall always be carried by said Texas and Pacific Railway Company, and bargained for by it, with all its other connecting roads and through lines, at the most favored rates of the through freight and passage on said railroad and its connections, and this right may always be en- Y20 JOUPvNAL OF THE {Nov. 19, 1875 forced bj any of said connectiDg railroad companies, and by any all persons interested in freight or passage thereon, and no Leg- islature shall hereafter grant any relief to said Texas and Paciiic Railway Company which does not recognize and secure the rights and privileges herein provided." Mr. Nugent offered the following amendment to Mr. Stock- dale's amendment: " It is hereby further ordained that said companies shall file in the office of the Secretary of State a full and complete accep- tance of all the provisions of this constitution, applicable to rail- roads, before the relief herein provided for shall take effect.'" Adopted by the following vote : Yeas — Allison, Arnim, Barnett, Blake, Blassingame, Burle- son, Cooke of San Saba, Crawford, DeMorse, Dillard, Douglas, Fleming, Flournoy, German, Graves, Haynes, Henry of Lime- stone, Holt, Johnson of Collin, Johnson of Franklin, Lacy, McCormick, McKinney of Walker, Martin of Hunt, Moore, Nugent, Nunn, Pauli, Eamey, Reagan, Rentfro, Robertson of Bell, Robison of Fayette, Ross, Sessions, Spikes, Stewart, Wade, Whitehead— 38. Nays — Ballinger, Brady, Brown, Cline, Darnell, Davis of Brazos, Dohoney, Erhard, Ferris, Flanagan, Kilgore, King, Lockett, McCabe, Martin of Navarro, Mills, Mitchell, Murphy, Russell of Harrison, Sansom, Smith, Stockdale, Weaver, Whit- field, Wright— 25. Mr. Flanagan moved to lay the whole subject matter on the table. Lost by the following vote : Yeas — Allison, Arnim, Barnett, Blassingame, Brady, Bruce, Crawford, Davis of Brazos, DeMorse, Dillard, Flanagan, Flem- ing, Flournoy, German, Graves, Haynes, Henry of Smith, John- son of Collin, Kilgore, Lacy, McCabe, McCormick, McKinney of Walker, Moore, Nugent, Pauii, Robertson of Bell, Robison of Fayette, Ross, Smith, Stewart, Stockdale, Whitehead, Wright— 34. Nays — Abernathy, Ballinger, Blake, Brown, Burleson, Cline, Chambers^ Cooke of San Saba, Darnell, Dohoney, Douglas,^ Erhard, Ferris, Ford, Henry of Limestone, Holt, Johnson of Franklin, Killough, King, Lockett, Martin of Navarro, Martin of Hunt, Mills, Mitchell, Murphy, Nunn, Ramey, Reagan, Rentfro, Sansom, Sessions, Spikes, Wade, Weaver, West, Whitfield— 36. On motion of Mr. King, the Convention adjourned to 2^ o'clock p. M. Nov. 19, 1875.] CONSTITUTIONAL CONVENTION. 721 EVENING SESSION— 2i o'clock. Convention met pursuant to adjournment ; roll called ; quorum present. Pendino^ question resumed, viz: Mr. Stockdale's amendment as aniended. Mr. Abernnthy moved to reconsider the vote refusing to table the whole subject taken up this forenoon. Carried by the following vote : Yeas — Abernathy, Arnim, Barnett, Blassingame, DeMorse, Dillard, Ferris, Flanagan, Flournoy, German, Graves, Johnson of Collin, Lacy, McCabe, McCormick, McKinney of Denton, McKinney of Walker, Murphy, Nugent, Pauli, Robertson of Bell, Robison of Fayette, Ross, Scott, Stewart, Stockdale, Whitehead— 27. Nays — Blake, Cline, Cooke of San Saba, Darnell, Davis of Brazos, Dohoney, Douglas, Henry of Limestone, Johnson of Franklin, Kilgure, Killough, King, Lockett, Martin of Hunt, Mills, Mitchell, Russell of Harrison, Sansom, Sessions. Spikes, Wade, Weaver, AVhitfield— 23. The question recurring on tabling the whole subject, on mo- tion of Mr. Darnell a call of the Convention was demanded. Absentees — Brady, Brown, Erhard, Ford, Henry of Smith, Holt, Nunn, Ramey, Rentfro, Russell of Wood, and Wright. The pending qiiestion went to the table temporarily. Messrs. Ford, Wright, Moore, Henry of Smith, and Holt ap- peared and answered to their names. ^'Article — , Taxation and Revenue," taken up and read third time. Mr. Murphy offered the following amendment : Section 11, line 82, strike out the words "by a two-thirds vote," and the word " vote " in line 83. [Mr. Brown appeared, and was announced by the doorkeeper.] The amendment was lost by the following vote: Yeas — Abernathy, Allison, Ballinger, Blake, Burleson, Cline, Cook of Gonzales, Darnell, Davis of Brazos, DeMorse, Dohoney, Ferris, Flournoy, Henry of Limestone, Henry of Smith, Kilgore, Killough, King, Lockett, McCormick, Martin of Navarro, Moore, Murphy, Ramey, Reagan, Robertson of Bell, Robison of Fayette, Russell of Harrison, Sessions, Smith, Stewart, Stockdale, West, Whitehead, Whitfield, Wright— 36. Nays — Arnim, Barnett, Blassingame, Brown, Bruce, Cooke of San Saba, Crawford, Dillard, Flanagan, Fleming, German, Graves, Haynes, Holt, Johnson of Collin, Johnson of Franklin, 47 722 JOURNAL OF THE \Nov, 19, 1875. Lacy, McCabe, McKiniiey of Denton, McKinney of Walker, Mar- tin of Hunt, Mills, Mitchell, Nugent, Pauli, Ross, Sansom, Scott, Spikes, Wade, Weaver — 31. Mr. Pauli offered the following amendment as a substitute for section 18 : " Sec. 18. The County Commissioners' Court shall act as a Board of Equalization in each county to determine the just value of the property rendered for taxation." Mr. Ballinger proposed to substitute the amendment by the following : Add to the end of the section the words : " and the County Commissioners shall constitute said board." Adopted. Mr. Fleming offered to amend section 13, line 98, by inserting after the word " lands " the words " and other property ; " and in line 100, after the word " lands," insert " and other property." Adopted. Mr. Brown offered the following amendment : Amend section 16 by striking out all after the word " therefor," in line 119, and inserting: " but in counties having ten thousand inhabitants, to be determined by the last preceding census of the LTnited States, a collector of taxes shall be elected, to hold office for two years and until his successor shall have been elected and qualified." Adopted. Mr. Cline proposed to amend section 13, lines 97 and 98, by inserting after the word "sale" the words " a sufficient portion." Adopted. Mr. Kugent offered the following amendment : Add to section 15 : " Provided^ that the homestead exempt from forced sale shall only be liable for the taxes due thereon." Messrs. Kussell, of Wood, and Erliard appeared and answered to their names. Mr. Nugent's amendment lost by the following vote : Yeas — Abernathy, Arnim, Ballinger, Barnett, Blassingame, Brady, Brown, Bruce, Burleson, Chambers, Cook of Gonzales, Crawford, Darnell, Davis of Brazos, DeMorse, Dillard, Dohony, Erhard, Ferris, Flournoy, Ford, Llaynes, Killough, King, Lacy, Lockett, McCormick, McKinney of Den ton, Mills, Moore, Murphy, Nugent, Pauli, Ramej, Reagan, Rentfro, Robertson of Bell, Ross, Russell of Harrison, Scott, Stayton, Wade, Weaver, Whitehead, Whitfield— 45. Nays — Blake, Cline, Cooke of San Saba, Douglas, Flanagan, Fleming, German, Graves, Henry of Limestone, Henry of Smith, Nov. 19, 1875.] CONSTITUTIONAL CONVENTION. 723 Holmes, Johnson of Collin, Johnson of Franklin, Kilgore, Mc- Kinney of Walker, Martin of Xavarro, Martin of Hunt, Mitchell, Eobison of Fayette, Russell of Wood, Sansom, Smith, Spikes, Stockdale, West, Wright— 26. Mr. Crawford offered the following amendment : Section 9, line 69, strike (^it all after the word " levy " down to "except," and insert "an annual tax of not more than one- half of one per cent." On motion of Mr. Xugent, the main question on the final passage of the article was ordered. Mr. Crawford's amendment lost by the following vote : Yeas — Abernathy, Ballinger, Brady, Brown, Cline, Cook of Gonzales, Crawford, Darnell, Davis of Brazos, DeMorse, Dil- lard, Ferris, Flanagan, Haynes, Kilgore, King, Lockett, McCabe, Martin of Navarro, Martin of Hunt, Pauli^ Eamey, Reagan, Rentfro, Russell of Harrison, Sansom, Smith, Spikes, Wade, West, Whitehead, Wright— 32. Nays — Allison, Arnim, Barnett, Blake, Blassingame, Bruce, Burleson, Chambers, Cooke of San Saba, Dohoney, Douglas, Erhard, Fleming, Henry of Limestone, Holt, Johnson of Col- lin, Johnson of Franklin, Killough, Lacy, McCormick, McKin- ney of Walker, Mills, Mitchell, Moore, Murphy, Nugent, Nunn, Robertson of Bell, Robison of Fayette, Russell of Wood, Scott, Stewart, Stockdale, Weaver, Whitfield — 35. Mr. King offered the following amendment : Amend section 10 by adding : ''provided^ that the Legislature may authorize counties with a population of less than two thou- sand inhabitants to use the State tax to build jails and court houses in said counties." Lost. Mr. Dillard offered the following amendment,: Section 16, line 120, strike out *' ten thousand" and insert " eight thousand." Lost. The article passed by the following vote : Yeas — Abernathy, Allison, Arnim, Barnett, Blassingame, Bruce, Burleson, Chambers, Cook of Gonzales, Cooke of San Saba, Dillard, Dohoney, Douglas, Ferris, Fleming, Flournoy, German, Graves, Haynes, Holt, Johnson of Collin, Johnson of Franklin, McCormick, McKinney of Denton, McKinney of Walker, Murphy, Nugent, Ramey, Robison of Fayette, Ross, Russell of Wood, Scott, Sessions, Spikes, Wade, Weaver, White- head, Whitfield— 40. Nats — Ballinger, Blake, Cline, Crawford, Darnell, Davis of 724 JOURNAL OF THE {Nov. 19, 1875. Brazos, DeMorse, Erliard, Flanagan, Ford, Henry of Limestone, Henry of Smith, Kilgore, Killough, King, Lacy, Lockett, McCabe, Martin of Navarro, Mills, Moore, Niimi, PauH, Keagan, Kent- fro, Robertson of Bell, Russell of Harrison, Sansom, Smith, Stewart, Stockdale, West, Wright— 32. Mr. Brady was paired off with Mi. Gaither, but for which he would vote " nay." Mr. Martin, of Hunt, was paired off with Mr. Norvell, but for which he w^ould vote "yea." On motion of Mr. Flournoy, Mr. Russell, of Wood, was granted unlimited leave of absence. Mr. Fleming moved to reconsider the vote just taken, and to lay the motion on the table. Lost by the following vote : Yeas — Abernathy, Allison, Arnim,Blassingame, Bruce, Burle- son, Cooke of San Saba, Dillard, Dohoney, Douglas, Ferris, t'leming, Flournoy, Ford, German, Graves, Haynes, Henry of Limestone, Holt, Johnson of Collin, Johnson of Franklin, Lacy, McKinney of Denton, McKinney of Walker, Murphy, Kugent, Robison of Fayette, Russell of Wood, Scott, Spikes, Wade, Whitfield— 32. Nays — Ballinger, Barnett, Blake, Brady, Brown, Chambers, Cline, Cook of Gonzales, Crawford, Darnell, Davis of Brazos, DeMorse, Erhard, Flanagan, Henry of Smith, Kilgore, Killough, King, Lockett, McCabe, McCormick, Martin of Navarro, Mitchell, Moore, Nunn, Pauli, Ramey, Reagan, Rentfro, Robertson of Bell, Ross, Russell of Harrison, Sansom, Sessions, Smith, Stewart, Stockdale, Weaver, West, Whitehead, Wright — 41. The question then recurring on the motion to reconsider, the same was put and carried by the following vote : Yeas — Allison, Ballinger, Barnett, Blake, Brady, Brown, Chambers, Cline, Cook of Gonzales, Crawford, Darnell, Davis of Brazos, DeMorse, Erhard, Flanagan, Henry of Smith, Kilgore, Killough, King, Lockett, McCabe, McCormick, Martin of Navarro, Martin of Hunt, Mitchell, Moore. Nunn, Pauli, Rea- gan, Rentfro, Russell of Harrison, Sansom, Smith, Stewart, Stockdale, West, Wright— 37. Nays — Abernathy, Arnim, Blassingame, Bruce, Burleson, Cooke of San Saba, Dillard, Dohoney, Douglas, Ferris, Flem- ing, German, Graves, Haynes, Henry of Limestone, Holt, John- on of Collin, Johnson of Franklin, Lacy, McKinney of Denton, Murphy, Nugent, Ramey, Robertson of Bell, Robison of Fayette, Ross, Russell of Wood, Scott, Sessions, Spikes, Wade, Weaver, Whitehead, Whitfield— 34. Nov, 19, 1875.J CONSTITUTIONAL CONVENTION. 725 Mr. Crawford offered the following amendment : Sec. 9, line 68, strike out the words " city or town." Mr. Murphy moved to lay the amendment on the table. Lost by the foUowinoc vote : Yeas— Blassingame, Burleson, Chambers, Cooke of San Saba, Dohoney, Henry of Limestone, Henry of Smith, Holt, Johnson of Collin, McKinney of Denton, Martin of Navarro, Mills, Mitchell, Murphy, Nugent, Robertson of Bell, Robison of Fayette, Russell of Harrison, Scott, Spikes, Stockdale, Wade, Whitfield— 23. ;^"ays— Abernathy, Allison, Arnim, Ballinger, Barnett, Blake, Brady, Brown, Bruce, Cline, Cook of Gonzales, Crawford, Dar- nell, Davis of Brazos, DeMorse, Dillard, Douglas, Erhard, Ferris, Flanagan, Fleming, Flournoy, Graves, Haynes, Kilgore, Kil- lougli. King, Lacv, Lockett, McCabe, McConnick, McKinney of Walker, Martin of Hunt, Moore, Nunn, Pauli, Ramey, Rea- gan, Rentfro, Ross, Russell of Wood, Sansom, Sessions, Smith, 'West, Whitehead— 47. Tlie Convention being full by appearance of absentees, the call was exhausted, and the Convention again resumed the ques- tion on which the call was ordered, viz: the motion to lay on the table the ordinance for the relief of the Texas Pacific Rail road, and all pending amendments. Yeas and nays called, and motion to table carried by the fol- lowing vote : Yeas— Abernathv, Allison, Arnim, Barnett, Blassingame, Brady, Brnce, Chanibers, Crawford, DeMorse, Dillard, Flanagan, Fleniing, Flournoy, German, Graves, Haynes, Henry of Smith, Johnson of Collin, Kilgore, Lacy, McCabe, McCormick, McKin- ney of Denton, McKinney of Walker, Martin of Navarro, Moore, Nugent, Pauli, Ramey, Rentfro, Robertson of Bell, Robison of Fayette, Ross, Russell' of Wood, Scott, Sessions, Smith, Stewart, Stockdale— 40. ]^AYs— Brown, Burleson, Cline, Cook of Gonzales, Cooke of San Saba, Darnell, Davis of Brazos, Dohoney, Douglas, Ferris, Henry of Limestone, Holt, Johnson of Franklin, Killough, King, Lockett, Mills, Murphv, Nunn, Reagan, Russell of Harrison, Sansom, Spikes, Wade, 'West, Whitehead, Whitfield, Wright— 28. Convention again resumed consideration of taxation and reve- nue, Mr. Crawford's amendment pending. Mr. Dohoney oftered the following as a substitute for the amendment : Amend section 9, line 69, by striking out the words "one-half of." 726 JOURNAL OF THE \Nov. 19, 1875. Mr. Stewart offered the following amendment : Strike out all after the word " valuation," in line 68. [Mr. Stockdale in the chair.] Mr. Allison moved the previous question on the passage of the article. Carried. Mr. Stewart's amendment lost. Mr. Dohoney withdrew his amendment. Mr. Crawford's amendment lost by the following vote : Yeas — Allison, Ballinger, Barnett, Blake, Brady, Brown, Bruce, Burleson, Cline, Cook of Gonzales, Cooke of San Saba, Crawford, Davis of Brazos, DeMorse, Dillard, Erhard, Ferris, Flanagan, Fleming, Ford, Graves, Johnson of Collin, Killough, King, Lacy, Lockett, McKinney of Walker, Martin of J^avarro, Martin of Hunt, Moore, Nugent, Nunn, Pauli, Hamey, Reagan, Ross, Russell of Wood, Sansom, Sessions, Smith, Stewart, Wade, Whitehead— 43. Nats — Abernathy, Arnim, Blassingame, Chambers, Dohoney, Douglas, German, Haynes, Henry of Limestone, Henry of Smith, Holt, Kilgore, McCormick, McKinney of Denton, Mills, Murphy, Rentfro, Robertson of Bell, Robison of Fayette, Scott, Spikes, Stockdale, Whitfield, Wright— 24. The article was then finally passed by the following vote : Yeas — Abernathy, Allison, Arnim, Barnett, Blassingame, Brown, Bruce, Burleson, Chambers, Cook of Gonzales, Cooke of San Saba, Crawford, Dillard, Dohoney, Douglas, Ferris, Flem- ing, Flournoy, German, Graves, Haynes, Holt, Johnson of Col- lin, Johnson of Franklin, Lacy, McCormick, McKinney of Den- ton, McKinney of Walker, Martin of Navarro, Murph}^, Nugent, Ramey, Robison of Fayette, Ross, Russell of Wood, Scott, Ses- sions,'Wade, Whitehead, Whitfield— 39. Nays — Ballinger, Blake, Cline, Darnell, Davis of Brazos, DeMorse, Erhard, Flanagan, Henry of Limestone, Henry of Smith, Kilgore, Killough, King, Lockett, McCabe, Mitchell, Moore, Nunn, Pauli, Reagan, Rentfro, Robertson of Bell, San- som, Smith, Stewart, Stockdale, West, Wright — 28. Mr. Brady was paired off* with Mr. Gaither, but for which he would vote " nay." Mr. Martin, of Hunt, was paired off with Mr. Norvill, but for which he would vote " yea." Resolution in relation to night sessions taken up and postponed until to-morrow. ''Article — , Legislative Apportionment," taken up and read third time. Nov. 20, 1875.J CONSTITUTIONAL CONVENTION. 727 Mr. Kilo!;ore offered the following amendment : " District — The county of Smith shall elect one repre- sentative. " — — District — The counties of Smith and Gregg shall elect one representative ; Smith to be the returning county. " District — The counties of Camp and Upshur shall elect one representative ; Upshur to be the returning county." Adopted. Mr. Moore offered the following amendment as a substitute for lines 138 and 139, " Burleson count}^ shall elect one repre- sentative." Mr. Graves moved the main question. Mr. Dillard moved to adjourn to 7 J o'clock to-night. Mr. Brady moved to adjourn to 9 o'clock a. m. to-morrow. Carried. SIXTY-FIFTH DAY. Hall of Representatives ) Austin, Texas, November 20, 1875. \ Convention met pursuant to adjournment ; roll called ; quorum present. Prayer by the Rev. J. S. Grasty, of the Presbyterian Church, at Austin. Journal of yesterday read and adopted. Mr. McCormick reported as follows : Committee Room, ) Adstin, November 19, 1875. f To the Hon. E. B. Piohett^ President of the Convention : The majority of the Committee on Judicial Apportionment instruct me to report the accompanying ordinance, dividing the State into Judicial Districts, and recommend its adoption. Geo. McCormick, Chairman. " An Ordinance " to divide the state of TEXAS INTO JUDICIAL DISTRICTS. '' Be it ordained hy the people of the State of Texas i^i Conven- tion assernhled, That until otherwise provided by law, the State of Texas shall be divided into twenty-five judicial districts, as follows, to-wit : " Section 1. The First District shall be composed of the coun- ties of Jefferson, Chambers, Liberty, Hardin, Polk, Tyler, Jasper, Newton, Orano;e and San Jacinto. 128 JOURNAL OF THE \iVov. 20, 1875. ''Sec. 2. The Second District shall be composed of the coun- ties of Harrison, Rusk, Panola, Shelby and Sabine. '' Sec. 3. The Third District shall be composed of the counties of San Augustine, Xacogdoches, Cherokee, Houston and Ander- son. '' Sec. 4. The Fourth District shall be composed of the counties of Grimes, Walker, Madison, Leon, Trinity, Angelina and Mont- gomery. "Sec. 5. The Fifth District shall be composed of the counties of Marion, Cass, Bowie, Titus, Morris, Franklin and Camp. " Sec. 6. The Sixth District shall be composed of the counties of Red River, Lamar, Fannin and Grayson . " Sec. 7. The Seventh District shall he composed of the counties of Gregg, Smith, Upshur, Wood, Rains, V an Zandtand Henderson. '' Sec. 8. The Eighth District shall be composed of the coun- ties of Hiyit, Hopkins, Collin, Rockwall, Kaufman and Delta. "Sec. D. TheXinth District shall be composed of the counties of Brazos, Robertson, Burleson and Milam. " Sec. 10. The Tenth District shall be composed of the coun- ties of Cooke, Dent(^n, Montague, Wise, Clay, Parker, Tarrant, and the unorganized counties of Archer, Wichita, Baylor, Wil- barger, Knox, Hardeman, Greer and Wegefarth. " Sec. 11. The Eleventh District shall be composed of the counties of Dallas and Eilis. " Sec. 12. The Twelfth District shall be composed of the counties of Hood, Coryell, Hamilton, Comanche, Brown, Cole- man, Shackelford, Palo Pinto, Eastland, Erath, Somenille, Jack, Young, and the unorganized counties of Jones, Taylor, Runnells, Callahan, Stephens, Haskell and Throckmorton. " Sec. 13. The Thirteenth District shall be composed of the counties of Hill, Navarro, Limestone, Bosque, Johnson and Freestone. " Sec. 14:. The Fourteenth District shall be composed of the counties of McLennan, Bell and Flails. " Sec. 15. The Fifteenth District shall be composed of the counties of Austin, Fayette, Bastrop, Caldwell, Hays and Blanco. " Sec. 16. The Sixteenth District shall be composed of the counties of Washington, Lee, Travis and Williamson. " Sec. 17. The Seventeenth District shall be composed of the counties of Burnet, Lampasas, San Saba, Llano, Mason, Menard, Gillespie, and the imorganize 1 counties ot Concho, McCulloch and Kimball. Nol'. 20, 1875.] CONSTITUTIONAL CONVENTION. 729 " Sec. 18. The Eighteenth District shall be composed of the counties of AYaller, Wharton, Fort Bend, Brazoria, Matagorda and Jackson. '" Sec. 19. The Nineteenth District shall be composed of the counties of Colorado, Lavacca, Gonzales, Guadalupe and Wilson. " Sec. 20. The Twentieth District shall be composed of the counties of El Paso, Tom Green, Pecos and Crockett. " Sec. 21. The Twenty-Hrst District shall be composed of the counties of Harris and Montgomery. *•' Sec. 22. The Twenty-Second District shall be composed of the counties of Comal, Bexar and Atascosa. " Sec. 23. The Twenty-third District shall be composed of the counties of DeWitt, Victoria, Calhoun, Pefugio, Goliad, Bee, Aransas, San Patricio, Karnes, Live Oak and McMuUin. '' Sec. 24. The Twenty-fourth District shall be composed of the counties of Kendall, Kerr, Bandera, Medina, Frio, Uvalde, Zavala, Kinney, Maverick, Dimmit, La Salle and Edwards. '' Sec. 25. The Twenty-fifth District shall be composed of the counties of Cameron, Hidalgo, Starr, Zapata, Webb, Encinal, Xueces and Duval. ''Sec. -G. The Twenty-sixtli District shall be composed of the county of Galveston. " Sec. 27. Be it further ordained^ That for all purposes con- nected with the first election provided for by this Convention, this ordinance shall take elfect and be in force from and after its passage ; and should the constitution be ratified by the people, this ordinance shall be and remain in force until otherwise changed by the Legislature of this State ; but should the consti- tution be rejected by the people, this ordinance shall thereafter be of no force or effect." ''Article — , Legislative Apportionment," taken up, pending Mr. Moore's amendment. On motion, the main question was ordered. Mr. Moore's amendment lost by the following vote : Yeas — Abernathy, Arnim, Bruce, Cooke of San Saba, Davis of Brazos, Fleming, Graves, Henry of Limestone, Henry of Smith, Holt, McCormick, Moore, Nugent, xN^unn, Ramey, Rea- gan, Robison of Fayette, Sessions, Spikes, AVhitfield — 20. Nays — Abner, Allison, Ballinger, Barnett, Blassingame, Brown, Burleson, Chambers, Cline, Cook of Gonzales, Davis of Wharton, DeMorse, Dillard, Douglas, Erhard, Ford, Haynes, Johnson of Collin, Kilgore, Killough, Lacy, Lockett, McCabe, McKinney of Denton, Martin of Navarro, Mills, Mitchell, Pauli, ^30 JOURNAL OF THE {Nov. 20, 1875. Kentfro, Keynolds, Kobertson of Bell, Sansom, Scott, Smith, Stewart, Stockdale, Weaver, West, Whitehead, Wright — 40. The article was then passed by the following vote : Yeas — Abernathy, Allison, Arnim, Barnett, Blake, Blas- singame, Brown, Bruce, Burleson, Chambers, Cline, Cook of Gonzales, Davis of Brazos, DeMorse, Dillard, Douglas, Erhard, Ferris, Fleming, Ford, Graves, Haynes, Henry of Limestone, Holt, Johnson of Collin, Johnson of Franklin, Killough, Lacy, McCormick, McKinney of Denton, Martin of Navarro, Moore, Murphy, Norvell, Nugent, Pauli, Kamey, Keagan, Robertson of Bell, Robison of Fayette, Ross, Sansom, Scott, Sessions, Smith, Spikes, Wade, Weaver, Whitehead, Whitfield, Wright — 51. Nays — Abner, Davis of Wharton, Henry of Smith, Lockett, McCabe, Martin of Hunt, Mills, Mitchell, Nunn, Rentfro, West— 11. ^'Article — , Judicial Department, was then taken up and read a third time. Mr. Davis, of Brazos, offered the following amendment to sec- tion 1 : Strike out all after the w^ord "law," in line 11. Lost. Mr. Reagan proposed to amend section 1 by inserting the pro- viso in lines 11 and 12, after the word " census," in line 8. Adopted. Also amend section 6 by striking out all of line ^'o^ after the word "jurisdiction," and insert "in civil cases its opinions shall not be published, unless the publication of such opinion be re- quired by law." Adopted. Mr. Wright offered the following amendment: Amend line 274 by inserting between the words " into " and "Commissioner," the word "four," in section 18. Adopted. Mr. Reagan proposed to amend section 7, by striking out the words "twenty-five," in line 83, and inserting "twenty-six." Adopted. Also, amend section 16, by striking out of line 226 the words " such estates," and inserting " estates of deceased persons." Adopted. Mr. Ballinger proposed to amend section 2, line 24, by striking out the word " more" and inserting " less ; " and after the word " dollars," in line 24, insert, " which shall not be increased or diminished during their continuance in oflice." Lost by the following vote : Nov, 20, 1875.J CONSTITUTIONAL CONVENTION. 731 Yeas — Abernathy, Abner, Ballinger, Blake, Brown, Burleson, Cline, Cook of Gonzales, Darnell, Davis of Brazos, Davis of Wharton, Dolioney, Erhard, Ferris, Flanagan, Henry of Smith, Kilgore, Killough, King, McCabe, McCormick, McKinney of Walker, Martin of Hunt, Moore, Murphy, Norvell, Nugent, Kunn, Pauli, Reagan, Rentfro, Reynolds, Ross, Russell of Harri- son, Smith, Spikes, Stewart, Stockdale, Weaver. West, Whit- Held, Wright— 42. Nays — Arnim, Barnett, Blassingame, Brady, Bruce, Cham- bers, Cooke of San Saba, Crawford, DeMorse, Dillard, Douglas, Fleming, German, Graves, Haynes, Henry of Limestone, Holt, Johnson of Collin, Johnson of Franklin, Lacy, Lockett, McKin- ney of Denton, Martin of Kavarro, Mills, Mitchell, Ramey, Robertson of Bell, Ross, Robison of Faj^ette, Sansom, Scott, Sessions, Whitehead — 32. Mr. McCormick moved to strike out section 14. Mr. Reagan offered the following amendment : Amend by adding after the word " law," in line 96, as follows : ^'Provided^ that this limitation shall not apply to the Galveston district." Mr. Scott moved the main question on the passage of the article. Carried. Mr. McCormick's amendment to strike out section 14 lost. Mr. Reagan's amendment lost. The article was then passed by the following vote : Yeas — Abernathy, Allison, Arnim, Barnett, Blassingame, Brown, Bruce, Burleson, Chambers, Cook of Gonzales, Cooke of San Saba, Darnell, DeMorse, Dillard, Dohoney, Douglas, Ferris, Fleming, Flournoy, German, Graves, Henry of Limestone, Holt, Johnson of Collin, Johnson of Franklin, Killough, Lacy, McCor- mick, McKinney of Denton, McKinney of Walker, Martin of Na- varro, Martin of Hunt, Moore, Nugent, Ramey, Reagan, Rob- ertson of Bell, Ross, Sansom, Scott, Sessions, Spikes, Wade, Weaver, Whitehead, Whitfield, Wright— 47. Nays — Abner, Ballinger, Blake, Brady, Cline, Davis of Brazos, Davis of Wharton, Erhard, Flanagan, Ford, Haynes, Henry of Smith, Kilgore, King, Lockett, McCabe, Mills, Mitchell, Murphy, Norvell, Nunn, Pauli, Rentfro, Reynolds, Robison of Fayette, Russell of Harrison, Smith, Stewart, Stockdale, West — 30. Mr. Murphy submitted the following protest : To the Hon. E. B. Pickett^ President of tlue Convention : Sir — I respectfully present my disapproval of the action of this Convention, wherein a majority have affixed the salaries for 732 JOURNAL OF THE [JVov. 20, 1875. Judges of the Supreme and District Courts at such low figures as will in my opinion prevent reliable and competent lawyers, in many parts of the State, from becoming candidates, and as a sequence, life, liberty and property will be inadequately pro- tected. It will furthermore bring censure on this Convention, now endeavoring to frame a good and liberal constitution for this great State. I therefore enter my solemn protest against such action, and request that this be spread on the journals. J. B. Murphy. The hour having arrived for considering the special order, viz., *' Spanish land grants," was taken up. Mr. Eeagan offered the following amendment : Section 3, b}^ inserting after the date " 1835," in line 26, the following words, "by the person or persons so claiming, or those under whom he or they so claim from tliat date." Adopted. xAlso, amend by adding to the end of section 4, line 40, the following : " By the words ' duly recorded,' as used in sections 2 and 4 of this article, it is meant that such claim of title or right to land shall have been recorded in the proper office, and that mere error in the certificate of registration, or informality not affecting the fairness and good faith of the holder thereof, with which the record was made, shall not be held to vitiate such record." Adopted. Mr. Murphy offered the following amendment: Amend section 2 by adding, '^provided, it shall be considered duly recorded, if extant on the records, in the language of the title." [Mr. Stockdale in the chair.] Mr. West offered the following as a substitute for Mr. Murphy's amendment : Strike out of section 2 the following words in line 12, " or not in the actual possession of the grantee thereof, or some person claiming under him." And in line 15 strike out the words, "under circumstances reasonably calculated to give notice to said junior grantee has never had, and — " Mr. West's amendment lost. Mr. Ballinger moved to strike out the word " such " preceding the word " notice," in line 17. Mr. Dillard moved the previous question. A call of the Convention was demanded. Absentees — Messrs. Erhard, Ferris and Morris. Mr. Ramey submitted the following report : Nov. 20, 1875.] CONSTITUTIONAL CONVENTION. V33 Committee Eoom, ) Austin, November 20, 1875. \ To the lion. E. B, Pickett., President of the Convention : Sir — Your Coramittee on Engrossed and Enrolled Ordinances would respectfully report to your honorable body that they have examined and compared "Article — , General Provisions," and find the same correctly engrossed. Respectfully, Wm. Neal Kamey, Chairman. Mr. German moved to suspend the rules and take up the ar- ticle on General Provisions for consideration, whereupon the yeas and nays were called, and the Convention refused to suspend the rule by the following vote : Yeas — Abernathy, Arnim, Barnett, Blake, Blassingame, Brown, Bruce, Burleson, Chambers, Cook of Gonzales, Cooke of San Saba, Dillard, Dohoney, Douglas, Flournoy, German, Graves, Haynes, Henry of Limestone, Henry of Smith, Holt, Johnson of Collin, Johnson of Franklin, Killough, Lacy, McKin- ney of Denton, McKinney of Walker, Martin of Navarro, Martin of Hunt, Mills, Moore, Eamey, Ross, Sansom, Scott, Sessions, Spikes, Stewart, Wade, Weaver, Whitehead, Whitfield, Wright —43. Nays— Abner, Arnim, Ballinger, Brady, Cline, Crawford, Davis of Brazos, Davis of Wharton, DeMorse, Flanagan, Ford Kilgore, King, Lockett, McCabe, McCormick, Mitchell, Murphy, Norvell, Nugent, Nunn, Pauli, Reagan, Rentfro, Reynolds, Robertson of^ Bell, Robison of Fayette, Smith, Stockdale, West —30. Mr. Cline moved to have two hundred copies of "Article — , General Provisions," printed. Carried. Mr. Reagan moved to suspend call. Lost. Second special order, viz : "Article — , Counties," taken up and read second time. Mr. Douglas oiFered the following amendment : After the word " taken," in line 17, insert as follows : " Pro- vided^ that in counties of fifty miles or more in length, a division line may be run nearer than twelve miles of a county site whenever the same may be desired by a majority of the voters of said county." On motion of Mr. Murphy, the article was considered section by section. On motion of Mr. Darnell, the Convention adjourned to 2|- o'clock p. M., pending Mr. Douglas's amendment. 734 JOURNAL OF THE {Nov. 20, 1875. EVENING SESSION— 2i o'clock. Convention met pursuant to adjournment ; roll called ; quorum present. "Article — :, Spanish Land Titles,-' taken up, with pending amendments. Mr. Murphy's amendment lost. Mr. Ballinger's amendment lost. Mr. Reagan moved to amend the amendment by inserting the words " or actual," between the words " such " and " notice," in line 17. Adopted. Mr. Stockdale proposed to amend section 3 by inserting in line 26, after the date " 1835," the following : '' not recorded or archived as provided in section 2." Adopted. Mr. !Nunn proposed to amend section 2, line 18, after " an- nexed," the following : " to such grants not archived or recorded of which possession was not taken as aforesaid." The main question was ordered. Mr. N^unn's amendment lost. Mr. West's amendment lost. Mr. Murphy's amendment lost. The article was then ordered engrossed by the following vote : Yeas — Abernathy, Allison, Arnim, Ballinger, Barnett, Blake, Blassingame, Brown, Bruce, Burleson, Chambers, Cook of Gon- zales, Cooke of San Saba, Crawford, Darnell, Davis of Brazos, DeMorse, Dillard, Dohoney, Douglas, Ferris, Flournoy, German, Graves, Haynes, Holt, Johnson of Collin, Johnson of Franklin, Kilgore, Killough, Lacy, McCormick, McKinney of Denton, Martin of Navarro, Martin of Hunt, N^ugent, Nunn, Bamey, Reagan, Robertson of Bell, Robison of Fayette, Ross, Sansom, Scott, Sessions, Spikes, Wade, Weaver, Whitehead, Whitfield, Wright— 52. Nays — Abner, Brady, Cline, Davis of Wharton, Erhard, Fleming, Ford, Henry of Smith, King, Lockett, McCabe, Mills, Mitchell, Murphy, Norvell, Fauli, Rentfro, Reynolds, Stewart, Stockdale, West — 21. Mr. Abernathy moved to suspend tlie rules and place the article on its third and final reading. Lost by the following vote : Yeas — Abernathy, Allison, Arnim, Ballinger, Barnett, Blas- singame, Brown, Bruce, Burleson, Chambers, Cook of Gonzales, Cooke of San Saba, Darnell, Davis of Brazos, Dillard, Dohoney, Nov. 20, 1875.] CONSTITUTIONAL CONVENTION. 735 Douglas, Ferris, Fleming, Flournoy, German, Graves, Ilaynes, Henry of Limestone, Holt, Johnson of Collin, Johnson of Frank- lin, Killough, Lacy, McCormick, McKinney of Denton, Martin of Navarro, Martin of Hunt, Moore, Nugent, Ramey, Reagan, Robertson of Bell, Robison of Fayette, Ross, Sansom, Scott, Sessions, Spikes, Wade, Weaver, Whitehead, Whitfield, Wright— 49. Nays — Abner, Blake, Brady, Cline, Crawford, Davis of Whar- ton, DeMorse, Erhard, Flanagan, Ford, Henry of Smith, Kil- gore. King, Lockett, McCabe, McKinney of Walker, Mitchell, Mills, Murphy, Norvell, Nunn, Pauli, Rentfro, Reynolds, Stew- art, Stockdale, West — 27. Mr. Johnson, of Collin, introduced the following ordinance: "An okdestance " IN relation to kaileoads. ''''Be it ordained hy the people of Texas^ in convention assein- JZ6(^, That in view of the financial misfortunes now existing, no railroad company, chartered or holding grants under this State, w^hich has heretofore organized and commenced work in good faith, shall be considered as having lost any of its rights, privi- leges or grants prior to the close of the next session of the Legis- lature of this State, by virtue of lapse of time between now and that time ; and said Legislature shall have the power, if deemed compatible with the public interest, to grant such relief in time as may be deemed best for the interest of the State ; provided, that this ordinance shall not be so construed as to relieve rail- road companies from compliance with the condition contained in article — of the constitution in relation to railroads." Mr. German moved to refer the ordinance on " Railroad Cor- porations." Mr. German, by leave, withdrew his motion to refer, and moved to lay the ordinance on the table: Yeas — Arnim, Barnett, Blassingame, DeMorse, German, Haynes, Henry of Smith, McCabe, McKinney of Denton, Norvell, Nugent, Robertson of Bell, Ross, Stewart — 14. Nays — Abernathy, Abner, Allison, Ballinger, Blake, Brady, Brown, Bruce, Burleson, Chambers, Cline, Cook of Gonzales, Cooke of San Saba, Crawford, Darnell, Davis of Brazos, Davis of Wharton, Dillard, Dohoney, Douglas, Erhard, Ferris, Flana- gan, Flemings Flournoy, Ford, Graves, Henry of Limestone, Holt, Johnson of Collin, Johnson of Franklin, Kilgore, Killough, King, Lacy, Lockett, McCormick, McKinney of Walker, Mar- tin of Navarro, Martin of Hunt, Mills, Mitchell, Moore, Mur- phy, Nunn, Pauli, Reagan, Rentfro, Revnolds, Robison of 736 JOURNAL OF THE [JVov. 20, 1875. Fayette, Sausora, Scott, Sessions, Spikes, Stockdale, Wade, Weaver, West, Whitehead, Whitfield, Wright— 61. Mr. Dillard moved the main question. A call of the Convention was demanded. Absentees — Ramey, and Russell of Harrison. Mr. Flanagan moved to suspend the call. Carried. Mr. Dillard's motion for the previous question was then car- ried by the following vote : Yeas — Abernathy, Abner, Allison, Ballinger, Barnett, Blake, Brady, Brown, Burleson, Chambers, Cline, Cooke of San Saba, Darnell, Davis of Brazos, Davis of Wharton, Dillard, Dohoney, Douglas, Ferris, Flanagan, Flournoy, Ford, Graves, Henry of Limestone, Henry of Smith, Llolt, Johnson of Collin, Johnson of Franklin, Kilgore, Killough, King, Lacy, Lockett, McKinney of Denton, Martin of Navarro, Martin of Hunt, Murphy, Nor- vell, Nunn, Bamey, Reagan, Rentfro, Reynolds, Robison of Fayette, Sansom, Scott, Sessions, Spikes, Wade, Weaver, West, Whitehead, Whitfield, Wright— 52. Nays — Arnim, Blassingame, Bruce, Cook of Gonzales, Craw- ford, DeMorse, Erhard, Fleming, German, Haynes, McCormick, McKinney of Walker, Mills, Moore, Nugent, Pauli, Robertson of Bell, Ross, Stewart — 19. Mr. DeMorse offered the following amendment : '^ And further 2?rovided,ths,t this ordinance shall be submitted to the people of this State for their approval, and shall have no effect if disapproved." Adopted by the following vote : Yeas — Abernathy, Arnim, Ballinger, Barnett, Blake, Blassin- game, Bruce, Burleson, Cook of Gonzales, Crawford, DeMorse, Dillard, Dohoney, Douglas, Fleming, Flournoy, German, Graves, Haynes, Henry of Smith, Johnson of Collin, Johnson of | Franklin, McCormick, McKinney of Denton, McKinney of I Walker, Moore, Norvell, Nugent, Nunn, Pauli, Ramey, Robert- " son of Bell, Robison of Fayette, Ross, Sansom, Scott, Smith, Stewart, Wade, Weaver, Whitfield — 41. Nays — Abner, Allison, l^rady. Brown, Chambers, Cline, Cooke of San Saba, Darnell, Davis of Brazos, Davis of Wharton, Ferris, Flanagan, Ford, Henry of Limestone, Holt, Kilgore, Kil- lough, King, Lacy, Lockett, Martin of Navarro, Martin of Ilunt, Mills, Mitchell, Murphy, Reagan, Rentfro, Reynolds, Sessions, Spikes, Stockdale, West, Whitehead, Wright — 34. Mr. Nugent offered the following amendment : Strike out the proviso, and insert : '^ jprovlded^ that this ordi- Nov. 20, 1875.J CONSTITUTIONAL CONVENTION. ^737 nance shall not take effect unless said companies shall, before the first da}^ of January, A. D., 1875, file in the oflice of the Secre- tary of State, a complete acceptance of the provisions of the con stitution framed by this Convention, which authorize the Legis- lature from titne to time to establish maximum rates for the transportation of freiglit and passengers." Lost by the following vote : Yeas — Abernath}", Arnim, Barnett, Blassingame, Bruce, Kob- ertson of Bell, Wright — 7. N'ays — Abner, Allison, Ballinger, Blake, Brady, Brown, Burle son. Chambers, Cline, Cook of Gonzales, Cooke of San Saba, Craw- ford, Darnell,Davis of Brazos, DeMorse, Dillard, Dohoney,Erhard, Ferris, Flanagan, Fleming, Flourno}^, Ford, German, Graves, Haynes, Henry of Limestone, Henry of Smith, Holt, Johnson of Collin, Johnson of Franklin, Kilgore, Killough, King, Lacy, Lock- ett, McCormick, McKinney of Walker, Martin of Navarro, Martin of Hunt, Mills, Mitchell, Murphy, j^orvell, Nugent, Nunn, Pauli, Ramey, Beagan, Bentfro, Reynolds, Robison of Fayette, Boss, Bussell of Harrison, Sansom, Scott, Sessions, Smith, Spikes, Stockdale, Wade, Weaver, West, Whitehead, Whitfield— 65. Mr. Dillard moved to reconsider the vote adopting Mr. De- Morse's amendment. Mr. McKinney, of Walker, made the point of order that the motion was out of order, as the Convention was voting under the operation of the previous question. The chair submitted the cjuestion as to whether the motion should be entertained to a vote of the Convention, which resulted as follows : Yeas — Abernathy, Abner, Allison, Ballinger, Barnett, Brady, Brown, Burleson, Chambers, Cline, Cook of Gonzales, Cooke of San Saba, Darnell, Davis of Brazos, Dillard, Ferris, Flanagan, Ford, Henry of Limestone, Holt, Kilgore, Killough, King, Lockett, Martin of Navarro, Martin of "Hunt, Mills, Murphy, Ramey, Reagan, Russell of Harrison, Sansom, Scott, Spikes, Stockdale, West, Whitfield, Wright— 39. Nays — Arnim, Blake, Blassingame, Crawford, DeMorse, Doho- ney, Douglas, Fleming, Flournoy, Gaither, German, Graves, Henry of Smith, Johnson of Collin, Johnson of Franklin, Lacy, McCormick, McKinney of Denton, McKinney of Walker, Mitchell, Moore, Norvell, Nugent, Nunn, Pauli, Rentfro, Robertson of Bell, Robison of Fayette, Ross, Sessions, Smith, Stewart, Wade — 33. So the Convention agreed to entertain the motion. The question then as to whether the vote should be recon- sidered, the same was put and carried by the following vote : 48 J & ISS JOURNAL OF THE [JVov. 20, 1875. Yeas — Abner, Allison, Barnett, Brady, Brown, Burleson, Chambers, Cline, Cook of Gonzales, Cooke of San Saba, Dar- nell, Davis of Brazos, Dillard, Erhard, Ferris, Flanagan, Ford, Henry of Limestone, Holt, Kilgore, Killough, King, Lockett, Martin of Navarro, Mills, Murphy, Kamey, Reagan, Rentfro, Russell of Harrison, Sansom, Scott, Sessions, Spikes, Stockdale, Wade, Weaver, West, Whitehead, Whitfield, Wright— 41. Nays — Abernathy, Arnim, Ballinger, Blassingame, Bruce, Crawford, DeMorse, Dohoney, Douglas, Fleming, Flournoy, German, Graves, Haynes, Henry of Smith, Johnson of Collin, Johnson of Franklin, Lacy, McCormick, McKinney of Denton, McKinney of Walker, Martin of Hunt, Mitchell, Moore, Nor- vell, Nugent, Nunn, Pauli, Reynolds, Robertson of Bell, Robi- son of Fayette, Ross, Smith, Stewart — 3-i. The question then recurring on the adoption of the amend- ment, the same was put and amendment lost by the following vote : Yeas — Abernathy, Arnim, Ballinger, Blassingame, Bruce, DeMorse, Dohoney, Douglas, Fleming, Flournoy, German, Graves, Haynes, Henry of Smith, Johnson of Collin, Johnson of Franklin, Lacy, McCormick, McKinney of Denton, McKinney of Walker, Moore, Norvell, Nugent, Nunn, Pauli, Robertson of Bell, Robison of Fayette, Ross, Smith, Stewart, Weaver, White- head—32. Nays — Abner, Allison, Barnett, Blake, Brady, Brown, Burle- son, Chambers, Cline, Cooke of Gonzales, Cooke of San Saba, Darnell, Davis of Brazos, Dillard, Erhard, Ferris, Flanagan, Ford, Henry of Limestone, Holt, Kilgore, Killough, King, Lock- ett, McCabe, Martin of Navarro, Martin of Hunt, Mills, Mitchell, Murphy, Reagan, Rentfro, Reynolds, Russell of Harrison, San- som, Scott, Sessions, Spikes, Stockdale, Wade, West, Whitfield, Wright— 43. The question then recurring on the passage of the ordinance, the same was put and the ordinance passed by the following vote : Yeas — Abner, Allison, Barnett, Brady, Brown, Burleson, Chambers, Cline, Cook of Gonzales, Cooke of San Saba, Dar- nell, Davis of Brazos, Dillard, Dohoney, Erhard, Ferris, Flana- gan, Ford, Henry of Limestone, Holt, Johnson of Collin, John- son of Franklin, Kilgore, Killough, King, Lockett, McCabe, Mar- tin of Navarro, Martin of Hunt, Mills, Mitchell, Murphy, Ramey, Reagan, Rentfro, Reynolds, Russell of Harrison, Sansom, Scott, Sessions, Spikes, Stockdale, Wade, Weaver, West, Whitehead, Whitfield, Wriglit— 48. r Nov. 20, 1875.] CONSTITUTIONAL CONVENTION. 739 Nays — Abernathy, Arnim, Ballinger, Blake, Blassingarne, Bruce, DeMorse, Douglass, Fleming, German, Haynes, Henry of Smith, Lacy, McCormick, McKinney of Denton, McKinney of Walker, Moore, Norvell, Nugent, Nunn, Pauli, Robertson of Bell, Robison of Fayette, Ross, Smith, Stewart — 26. Mr. Darnell moved to reconsider the vote put, taken, and to lay the motion on the table. A call of the Convention was demanded. Absentee, Mr. Crawford. Mr. Crawford appearing, the call was exhausted, and the Con- vention proceeded to vote upon Mr. Darnell's motion, which was carried by the following vote : Yeas — Abner, Allison, Blake, Brady, Brown, Burleson, Cham- bers, Cline, Cook of Gonzales, Cooke of San Saba, Darnell, Da- vis of Brazos, Davis of Wharton, Dillard, Dohoney, Erhard, Ferris, Flanagan, Flournoy, Ford, Henry of Limestone, Holt, Johnson of Collin, Johnson of Franklin, Kilgore, Killough, King, Lockett, McCabe, Martin of Navarro, Martin of Hunt, Mills, Mitchell, Murphy, Ramey, Reagan, Rentfro, Reynolds, Robison of Fayette, Russell of Harrison, Sansom, Scott, Ses- sions, Spikes, Stockdale, Wade, Weaver, West, Whitehead, Whit- field, Wright— 51. Nays — Abernathy, Arnim, Ballinger, Barnett, Blassingame, Bruce, Crawford, DeMorse, Douglas, Fleming, German, Graves, Haynes, Henry of Smith, Lacy, McCormick, McKinney of Den- ton, McKinney of Walker, Moore, Norvell, Nugent, Nunn, Pauli, Robertson of Bell, Ross, Smith, Stewart — 27. "Article — , Counties and County Lands," with pending amendment by Mr. Douglas, was- taken up. Mr. Dillard offered the following amendment: Sec. 2, line 12, strike out " 450," and insert " 750 " ; in line 14 strike out " 450," and insert *' 750 "; in line 15 strike out " 12," and insert " 16"; strike out in line 17, after the word "taken," to the word " when," in line 22. [Mr. Brown in the chair.] Mr. Graves moved to lay both amendments on the table. A division on the question was ordered, and Mr. Dillard's amendment was laid on the table by the following vote : Yeas — Abernathy, Allison, Barnett, Blassingame, Brady, Brown, Bruce, Burleson, Chambers, Cline, Cook of Gonzales, Cooke of San Saba, Davis of Wharton, Dohoney, Douglas, Er- hard, Graves, Haynes, Henry of Smith, Holt, Kilgore, Killough, King, Lacy, Lockett, McCabe, Martin of Navarro, Mitchell, ^40 JOURNAL OF THE {Nov. 20, 1875. Moore, Pauli, Eeagaii, Rentfro, Reynolds, Smith, Spikes, Stock- dale, West~37. Nays — Abner, Arnim, JBallinger, Blake, Crawford, Darnell, Davis of Brazos, DeMorse, Dillard, Ferris, Flanagan, Fleming, Henry of Limestone, McCormick, McKinney of Denton, Mc- Kinney of Walker, Martin of Hunt, Mm-phy, Xorvell, Nugent, Nunn, Barney, Robertson of Bell, Russell of Harrison, Scott, Sessions, Stewart, Wade, Weaver, Whitehead, Wright — 31. The question recurring on laying Mr. Douglas's amendment on the table, the same was put and lost by the tbllowing vote : Yeas — Abner, Arnim, Blake, Cook of Gonzales, Dillard, Flanagan, Fleming, Kilgore, Killough, King, Lacy, McCabe, McCormick, Martin of Navarro, Murphy, Norvell, Nugent, Nunn, Reagan, Robertson of Bell, Robison of Fayette, Russell of Harrison, Sansom, Sessions, Smith, Spikes, Stockdale, Wade, Whitehead, Wright— 30. Nays — Abernathy, xlllison, Barnett, Blassingame, Brady, Brown, Bruce, Burleson, Chambers Cline, Cooke of San Saba, Darnell, Davis of Brazos, Davis of Wharton, DeMorse, Dohoney, Douglas, Erhard, Ferris, Haynes, Henry of Limestone, Henry of Smith, Holt, Lockett, McKinney of Denton, McKinney of Walker, Martin of Hunt, Mills, Mitchell, Pauli, Ramey, Rent- fro, Reynolds, Stewart, West, Wliitehead — 36. The question recurring on the adoption of Mr. Douglas' amendment, the same was put and tlie amendment lost by the following vote : Yeas — Abernathy, Allison, Blassingame, Brady, Chambers, Cooke of San Saba, Crawford, Dohoney, Douglas, Haynes, Henry of Smith, Holt, McKinney of Denton, Pauli, Rame}-, Rentfro, Stewart, West, Whitehead — 19. Nays — Abner, Arnim, Ballinger, Blake, Bruce, Cook of Gon- zales, Davis of Wharton, DeMorse, Dillard, Erhard, Flanagan, Fleming, Graves, Henry of Limestone, Kilgore, Killough, King, Lacy, McCabe, McCormick, McKinney of Walker, Martin of Na- varro, Martin of Hunt, Mills, Mitchell, Moore, Murphy, Norvell, Nugent, Nunn, Reagan, Reynolds, Robertson of Bell, Russell of Harrison, Sansom, Scott, Sessions, Spikes, Whitfield, Wright —40. Mr. Robertson, of Bell, offered the following amendment : In line 23, after the word " to," insert " or created into." Mr. Fleming moved to adjourn to 7^ o'clock to-night. Mr. Rentfro moved to adjourn to 9 o'clock a. m. to-morrow. Lost by the following vote : Yeas — Abner, Ballinger, Brady, Cline, Cook of Gonzales, Nov. 20, 1875.I CONSTITUTIONAL CONVENTION. 741 Cooke of San Saba, Crawford, Darnell, Davis of Wharton, DeMorse, Erhard, Flanaa^an, Flournoy, Killongh, Lockett, Mc- Cabe, Martin of Hunt, Mills, Mitchell, Murphy, Pauli, Kentfro, Reynolds, Russell of Harrison, Stockdale — 25. Says — Abernathy, Allison, Arnim, Barnett, Blassins^ame, Brown, Bruce, Burleson, Chambers, Davis of Brazos, Dillard, Dohoney, Douglas, Ferris, Fleming, Graves, Haynes, Henry of Limestone, Henry of Smith, Holt, Lacy, McCormick, McKin- ney of Denton, McKinney of Walker, Moore, Xorvell, Nugent, Nunn, Ramey, Reagan, Robertson of Bell, Robison of Fayette, Sansom, Scott, Sessions, Smith, Spikes, Stewart, Wade, West, Whitehead, Whitiield AVright— 43. Mr. Kilo;ore offered the followino; resolution : Be it resolved^ That, at the request of the people of the city of Austin, Miss Xettie Power Houston have the use of the Hall of the House of Representatives any night next week, to be designated by her, for a public reading. Adopted. Mr. Rentfro moved to adjourn to 9|^ o'clock a. m. Monday. The Convention adjourned to T-J^ o'clock to-night. NIGHT SESSION— 7i o'clock. Convention met pursuant to adjournment; roll called ; quorum present. Mr. Barnett moved to suspend the rule and take up "Article — , on General Provisions." Lost by the following vote : Yeas — Abernathy, Allison, Barnett, Blake, Bruce, Burleson, Cook of Gonzales, Dohoney, Douglas, Ferris, Fleming, Flour- noy, Graves, Haynes, Henry of Limestone, Henry of Smith, Holt, Johnson of Franklin, Killough, McCormick, McKinney of Denton, McKinney of Walker, Martin of Navarro, Norvell, Rea- gan, Robertson of Bell, Robison of Fayette, Ross, Sansom, Scott, Sessions, Spikes, Stewart, Wade, Whitehead, Whitiield, Wright —37. Nats — Arnim, Blassingame, Brady, Brown, Chambers, Cline, Crawford, Darnell, Davis of Brazos. Davis of Wharton, DeMorse, Dillard, Flanagan, Ford, German, Lacy, Lockett, McCabe, Mc- Lean, Martin of Hunt, Mills, Mitchell, Moore, Murphy, Nugent, Nunn, Pauli, Rentfro, Re^molds, Smith, Stockdale, West — 32. Mr. Rentfro moved to adjourn to 9 o'clock Monday morning. Lost by the following vote : Yeas — Brady, Cline, Crawford, Davis of Wharton, DeMorse, Flanagan, Pauli, Rentfro, Reynolds, Sansom, West — 11. 742 JOURNAL OF THE [JVov. 20, 1875. Nays — Abernathy, Allison, Arnim, Ballinger, Barnett, Blake, Blassingaiue, Brown, Bruce, Chambers, Cook of Gonzales, Dar- nell, Davis of Brazos, Dillard, Dohoney, Douglas, Ferris, Flem- ing, Flonrnoy, German, Graves, Ilaynes, Henry of Limestone, Henry of Smith, Holt, Johnson of Franklin, Killoiigh, Lacy, Lockett, McCormick, McKinney of Denton, McKinney of Walker, McLean, Martin of Navarro, Moore, Nor veil, Nugent, Bamey, Beagan, Robertson of Bell, Bobison of Fayette, Boss, Scott, Ses- sions, Smith, Spikes, Stockdale, Wade, Whitehead, Whitfield, Wright— 51. "Article — , Counties and County Lands," with pending amend- ment by Mr. Bobertson, of Bell, taken up and amendment adopted. Mr. Arnim offered the following amendment : Amend section 2 by striking out in line 12 " 450," and insert " 700," the same change to be made in line 14. In line 15 strike out " 12 " and insert " 18 ;" and strike out all after " taken " in ne IT to " vote " in line 22. Mr. Murphy proposed to substitute the amendment by the following : Strike out "450" wherever it occurs in section 2 and insert " 600." Mr. Arnim's amendment lost by the following vote : Yeas — Arnim, Blake, Cooke of San Saba, Crawford, Darnell, DeMorse, Dillard, Flanagan, Fleming, Lacy, McCabe, McCor- mick, Martin of Hunt, Mills, Moore, Murphy, Norvell, Nugent, Bobertson of Bell, Bobison, of Fayette, Boss, Scott, Sessions, Smith, Stewart— 25. Nays — Abernathy, Allison, Ballinger, Barnett, Blassingame, Brady, Brown, Bruce, Burleson, Chambers, Cline, Cook of Gon- zales, Davis of Brazos, Dohony , Douglas, Ferris, Graves, Haynes, Henry of Limestone, Henry of Smith, Holt, Killough, Lockett, McKinney of Denton, McKinney of AValker, McLean, Martin of Navarro, Nunn, Pauli, Bamey, Beagan, Bentfro, Beynolds, San- sora. Spikes, Stockdale, Wade, West, Whitehead, Wright — 40. Mr. Darnell moved to amend Mr. Murphy's amendment by striking out " six hundred " and inserting "seven hundred." Mr. Brady moved to lay the amendment on the table : Lost by the following vote : Yeas — Abernathy, Allison, Blassingame, Brady, Brown, Burleson, Chambers, Dohoney, Douglas, Graves, Haynes, Holt, Killough, Lockett, McKinney of Denton, Pauli, Beagan, Bent- fro, Reynolds, Boss, Sansom, Spikes, Stockdale, Wade, West —24. ' Nov. 20, 1875.J CONSTITUTIONAL CONVENTION. T43 Nays — Arnim, Ballinger, Barnett, Blake, l>ruce, Cliiie, Cook of Gonzales, Cooke of San Saba, Crawford, Darnell, DeMorse, Dillard, Ferris, Flanagan, Fleming, Henry of Smith, Lacy, McCabe, McCormick, McKinney of Walker, McLean, Martin of Navarro, Martin of Hunt, Mills, Moore, Murphy, Norveli, Nu- gent, Nunn, Robertson of Bell, Robison of Fayette, Smith,- Stew- art, Whitehead, Whitfield, Wright— 37. Mr. Blassingame moved the main question. Carried. Mr. Darnell's amendment adopted as an amendment to Mr. Murphy's amendment, and as an amendment to the article. The article was then ordered engrossed by the following vote : Yeas — Abernathy, Arnim, Ballinger, Barnett, Blake, Blas- singame, Bruce, Burleson, Chambers, Cook of Gonzales, Cooke of San Saba, Darnell, Dillard, Dohoney, Ferris, Flanagan, Flem- ing, Graves, Haynes, Henry of Limestone, Henry of Smith, Killough, Lacy, McCormick, McKinney of Walker, McLean, Martin of Navarro, Martin of Hunt, Moore, Nor veil, Nugent, Nunn, Kobison of Favette, Ross, Sansom, Scott. Spikes, Stewart, Stockdale, Wade, Whitehead, Whitlield, Wright— 42. Nats — Abner, Allison, Brady, Brown, Cline, Crawford, Davis of Brazos, Davis of Wharton, DeMorse, Douglas, Holt, Lockett, McCabe, McKinney of Denton, Mills, Murphy, Pauli, Ramey, Reagan, Rentfro, Reynolds, Robertson of Bell, Sessions, Smith, West— 26. Mr. Stockdale moved to suspend the rule to put the article on its third reading and final passage. Carried by the following vote : Yeas — Mr. President, Abernathy, Arnim, Ballinger, Barnett, Blake, Blassingame, Bruce, Burleson, Chambers, Cook of Gon- zales, Cooke of San Saba, Dillard, Dohoney, Flanagan, Fleming, German, Graves, Henry of Limestone, Henry of Smith, Holt, Killough, McCabe, McCormick, McKinney of Denton, McKin- ney of Walker, McLean, Martin of Navarro, Martin of Hunt, Moore, Norvell, Nugent, Nunn, Robison of Fayette, Ross, San- som, Scott, Spikes, Stewart, Stockdale, Wade, Whitehead, Whit- field, Wright— 44. Nats — Abner, Brady, Cline, Crawford, Darnell, Davis of Brazos, Davis of Wharton, DeMorse, Douglas, Lacy, Lockett, Mills, Murphy, Pauli, Ramey, Reagan, Rentfro, Reynolds, Rob- ertson of Bell, Sessions, Smith, West — 22. The article was then read a third time. Mr. Rentfro offered the following amendment : Amend by adding the words : '^ Provided^ that in any county 744 JOURNAL OF THE \Nov. 20, 1875. whose county seat has never been located bj a vote of the people, and is more than ten miles distant from the centre, the electors of said connty may, by a majority of all votes cast at the election, remove said county seat to any point in said county ; ^/'C>W(^6rZ further^ that such removal be to a point nearer the centre than ten miles. Said election to be ordered by the Commissioners' Court at any reo;ular session within a year from and after tlie adoption of this constitution." Mr. Dillard moved to lay the amendment on the table. Lost by the following vote : Yeas — Abernathy, Allison, Blassingame, Brown, Bruce, Bur- leson, Chambers, Cooke of San Saba, Dillard, Ferris, Graves, Henry of Limestone, Henry of Smith, Holt, Lacy, McCormick, Murphy, Norvell, Reagan, Ross, Scott, Sessions, Smith, Spikes, Stewart, Stockdale, Wade, West, Whitehead, Whitlield, Wright —31. [N^AYS — Abner, Arnim, Ballinger, Barnett, Blake, Brady, Cline, Crawford, Darnell, Davis of Brazos, Davis of AYliarton, DeMorse, Dohoney, Douglas, Flanagan, Fleming, Ford, German, Haynes, Johnson of Franklin, Killough, Lockett, McCabe, Mc- Kinney of Denton, McKinney of Walker, McLean, Martin of Navarro, Martin of Hunt, Mills, Moore, Nugent, Nunn, Pauli, Ramey, Rentfro, Reynolds, Robertson of Bell, Robison of Fay- ette—38. The question then recurring on the adoption of the amend- ment, the same was put and the amendment lost by the following vote: Yeas — Abner, Blake, Brady, Burleson, Cline, Davis of Whar- ton, DeMorse, Douglas, P^erris, Flanagan, Lockett, McKinney of Walker, Mills, Pauli, Ramey, Rentfro, Reynolds, West — 19. Nays — Abernathy, Allison, Arnim, Barnett, Blassingame, Brown, Bruce, Chambers, Cook of San Saba, Darnell, F'lournoy, German, Graves, Haynes, Henry of Limestone, Henry of Smith, Holt, Killough, Lacy, McCormick, Martin of Navarro, Moore, Murphy, Norvell, Nugent, Nunn, Reagan, Robertson of Bell, Robison of Fayette, Ross, Sansom, Scott, Sessions, Smith, Spikes, Stewart, Stockdale, Wade, Whitehead, Wright — 40. Mr. Brady moved to adjourn to 9 o'cl<:>ck Monday morning. Lost. [Mr. Reagan in the chair.] Mr. Ramey offered the following amendment : Add in section 2, line 17, after ^' taken," " except when a water course may be the boundary line dividing the two counties, in which case said dividing line shall not approach the county seat Nov. 20, 1875.] CONSTITUTIONAL CONVENTION. 745 of the old county so near as to place said county seat more than live miles from the geographical centre of said county." Lost by the following vote : Yeas — Abner, Allison, Blake, Brown, Cline, Cooke of San Saba, Douglas, Flanagan, Graves, Johnson of Franklin, Lacy, Mills, Ramey, Rentfro, Stockdale, West, Whitehead, Wright — 18. Nays — Abernatliy, Arnim, Barnett, Blassingame, Brady, Bruce, Burleson, Chambers, Darnell, Davis of Brazos, De- Morse, Dillard, Dohoney, Ferris, Fleming, Flournoy, German, Henry of Limestone, Henry of Smith, Holt, Killough, McCor- mick, McKinney of Walker, Martin of Navarro, Moore, Murphy, Norvell, Nugent, Nunn, Pauli, Reagan, Reynolds, Robertson of Bell, Robison of Fayette, Ross, Scott, Sessions, Smith, Spikes, Stewart, Wade — 41. Mr. Rentfro moved to adjourn to 9 o'clock Monday morning. Lost by the following vote : Yeas — Abner, Brady, Cline, Darnell, DeMorse, Douglas, Mills, Pauli, Rentfro, West— 10. Nats — Abernathy, Allison, Arnim, Ballinger, Barnett, Blake, Blassingame, Brown, Bruce, Burleson, Chambers, Cooke of San Saba, Davis of Brazos, Dillard, Dohoney, Flanagan, Fleming, Flournoy, Ford, German, Graves, Haynes, Henry of Limestone, Henry of Smith, Holt, Killough, Lacy, Lockett, McCabe, McCor- mick, McKinney of Denton, McKinney of Walker, Martin of Na- varro, Martin of Hunt, Moore, Murphy, Norvell, Nugent, Nunn, Ramey, Reagan, Robertson of Bell, Robison of Fayette, Ross, Sansom, Scott, Sessions,' Smith, Spikes, Stewart, Stockdale, Wade, Whitehead, Whitfield, Wright— 55. On motion of Mr. Scott, the main question was ordered, which being the final passage of the article, it was passed by the follow- ing vote : Yeas — Abernathy, Allison, Arnim, Ballinger, Barnett, Blake, Blassingame, Bruce, Burleson, Chambers, Cline, Cooke of San Saba, Dillard, Dohoney, Ferris, Flanagan, Fleming, Flournoy, German, Graves, HayuoS, Henry of Limestone, Henry of Smith, Johnson of Franklin, Killough, Lacy, McCormick, McKinney of Walker, Martin of Navarro, Martin of Hunt, Moore, Murphy, Norvell, Nugent, Nunn, Robison of Fayette, Ross, Sansom, Scott, Sessions, Smith, Spikes, Stewart, Stockdale, Wade, White- head, Whitfield, Wright— 48. Nays — Abner, Brady, Brown, Darnell, Douglas, Holt, Lockett, McKinney of Denton, Mills, Pauli, Ramey, Reagan, Rentfro, Robertson of Bell, West — 15. On motion of Mr. Stockdale, "Article — , The Powers of Gov- ^46 JOURNAL OF THE [Mv. 20, 1875. eminent," was taken up, read a second time, and ordered en- grossed, by the following vote : Yeas — Abernathj, Allison, Arnim, Ballinger, Barnett, Blas- singame. Brown, Bruce, Burleson, Chambers, Cline, Cooke of San Saba, Darnell, Davis of Brazos, Dillard, Dohoney, Douglas, Flanagan, Fleming, Flournoy, Graves, Haynes, Henry of Lime- stone, Henry of Smith, Holt, Johnson of Franklin, Killough, Lacy, Lockett, McCormick, McKinney of Denton, McKinney of Walker, Martin of Navarro, Martin of Hunt, Murphy, Is^orvell, Nugent, Nunn, E-amey, Reagan, Robertson of Bell, Robison of Fayette, Ross, Sansom, Scott, Sessions, Smith, Spikes, Stewart, Stockdale, Wade, Whitehead, Whitfield, Wright— 55. Nays — Abner, Brady, German, Mills, Rentfro — 5. On motion of Mr. Flanagan, the rule was suspended, article read third time, and passed by the following vote : Yeas — Abernathy, Allison, Arnim, Ballinger, Barnett, Blake, Blassingame, Brown, Bruce, Burleson, Chambers, Cline Cooke of San Saba, Crawford, Darnell, Davis of Brazos, Dillard, Do- honey, Douglas, Ferris, Flanagan, Fleming, Flournoy, Ford, German, Graves, Haynes, Henry of Limestone, Henry of Smith, Holt, Killough, Lacy, Lockett, McCormick, McKinney of Den- ton, McKinney of Walker, Martin of Navarro, Martin of Hunt, Moore, Murphy, Norvell, Nugent, Nunn, Ramey, Reagan, Rob- ertson of Bell, Robison of Fayette, Ross, Sansom, Scott, Ses- sions, Smith, Spikes, Stewart, Stockdale, Wade, Whitehead, Whitfield, Wright— 59. Nats — Abner, Brady, Mills, Rentfro — 4. Mr. Ford called up "Article — , Reserving Lands for Public Buildings," read second time, and ordered engrossed by the fol- lowing vote : Yeas — Abernathy, Abner, Allison, Arnim, Ballinger, Bar- nett, Blassingame, I^rown, Bruce, Burleson, Chambers, Cooke of San Saba, Darnell, Davis of Brazos, Dillard, Dohoney, Doug- las, Ferris, Flanagan, Fleming, Flournoy, Ford, German, Haynes, Henry of Limestone, Henry of Smith, Johnson of Franklin, Lacy, McCormick, McKinney of Denton, McKinney of Walker, Martin of Navarro, Martin of Hunt, Mills, Moore, Murphy, Norvell, Nugent, Nunn, Ramey, Robertson of Bell, Robison of Fayette, Ross, Sansom, Scott, Sessions, Stewart, Wade, West, Whitehead, Whitfield, Wright— 52. Nays — Brady, Cline, Crawford, Graves, Holt, Reagan, Rent- fro, Spikes — 8. On motion of Mr. Flournoy, the rule was suspended, and the article read third time. Nov. 22, 1875.] CONSTITUTIONAL CONVENTION. 747 Mr. Brady offered the following amendment : Amend by adding, ''''provided., one league of land be set apart for the use of each ors^anized county to erect public buildings." On motion of Mr. Chambers, laid on the table. Mr. Cline moved to strike out " three million," and insert " one million." On motion of Mr. Whitfield, laid on the table. Mr. Wade offered the following amendment : Strike out " ten years," and insert '' under the direction of the Legislature." Adopted. Mr. Flanagan moved te strike out " three million," and insert " five million." Laid on the table. Article passed by the following vote : Yeas — Allison, Arnim, Ballinger, Barnett, Brown, Bruce, Burleson, Chambers, Cooke of San Saba, Darnell, Davis of Brazos, Dillard, Dohoney, Douglas, Ferris, Flanagan, Fleming, Flour- noy, Ford, German, Graves, Haynes, Henry of Limestone, Henry of Smith, Johnson of Franklin, Lacy, ilcCormick, Mc- Kinney of Denton, Martin of IN^avarro, Martin of Hunt, Moore, Murphy, Norvell, Nugent, Nunn, Kobertson of Bell, Robison of Fayette, Ross, Sansom, Scott, Sessions, Stewart, Stockdale, Wade, West, Whitehead, Whitfield, Wright— 48. Nays — Abner, Blassingame, Brady, Cline, Crawford, Holt, Lockett, McKinney of Walker, Pauli, Rame}^, Reagan, Rentfro, Reynolds, Spikes — 14. On motion of Mr. Ballinger, the Convention adjourned to 9 o'clock Monday morning. SIXTY -SIXTH DAY. Hall of Representatives, Austin, Texas, November 22, 1875. Convention met pursuant to adjournment ; roll called ; quorum present. Prayer by the Rev. Mr. Wright, of the Presbyterian Church, at Austin. Journal of Saturday read and adopted. Mr. McCormick submitted the following motion : [Mr. Brown in the chair.] 7*8 JOURNAL OF THE {Nov, 22, 1875. Hall of the Convention, ) Austin, Texas, November 22, 1875. j To the Hon. E. B. Pickett^ President of the Convention : ^ The undersigned represents that there are some clerical omis- sions in the Article on the Judiciary, heretofore passed by this Convention, and asks that the Enrolling Committee be required to make the following corrections in said article, to-wit : Section 6, line 65, add the word " or " between the words "original appellate." Section 8, line 107, add after the word " land " the words " and for the enforcement of liens theron." Section 16, line 207, strike out the words " or to enforce liens upon real estate." Respectfully, Geo. McCormick. Adopted. Mr. Cook, of Gonzales, reported as follows ; Committep: Room, i Austin, INovember 22, 1875. \ To the Hon. E. B. Pickett., President of the Convention : Your Committee on Printing and Contingent Expenses are of opinion that as much publicity as possible, consistent with the public interest, should be given to the new constitution which we are about submitting to the people of Texas for their ratifica- tion, in order that they may have a full knowledge of the matter to be submitted. ^ Your committee believe that a very large proportion of the citizens of the State will not be able to procure pamphlet copies of the constitution, whatever care may be exercised in the distri- bution of them ; but that if, in addition to the distribution so made, the constitution be printed in all the newspapers of the different localities in the State, it may be made accessible to nearly all the voters of the State. In view of the premises, your committee have instructed me to report the following resolution, and to recommend its adoption by the Convention, viz.: '''Resolved^ That any newspaper in the State of Texas which shall publish the constitution about to be submitted to the peo- ple of the State for their ratification, not to occupy more than four weeks in its publication, the last issue not less than two weeks before the time fixed for voting on the same, shall each receive as compensation for such publication the sum of twenty dollars ; provided., that satisfactory proof of such publication shall be made to the secretary of this Convention, who shall cer- Nov, 22, 1875.J CONSTITUTIONAL CONVENTION. V49 tify the same to the Comptroller of Public Accounts, and he shall draw his warrant on the Treasurer of the State, who shall pay the same out of the fund appropriated to pay the expenses of this Convention." All which is respectfully submitted. • AV^. D. 8. Cook, Chairman. The yeas and nays were called on the adoption of the resolu- tion, and the resolution lost by the following vote: Yeas — Abernathy, Allison, Arnim, Brady, Brown, Burleson, Chambers, Cline, Cook of Gonzales, Davis of Wharton, De- Morse, Dohoney, Flanagan, Henry of Limestone, Henry of Smith, King, Lacy, McCabe, McCormick, Martin of Hunt, Kamey, Reagan, Rentfro, Reynolds, Ross, Sansom, Spikes, Weaver, Wright — 29. Nays — Abner, Ballinger, Barnett, Blake, Blassingame, Cooke of San Saba, Crawford, Darnell, Dillard, Douglas, Erhard, Fleming, German, Haynes, Holt, Killough, Lockett, McKinney of Denton, Mills, Mitchell, Moore, JSTorvell, Nugent, Pauli, Rob- ertson of Bell, Robison of Fayette, Scott, Sessions, Wade, Whitehead— 30. Mr. Ramey submitted the following report : Committee Room, ) Austin, Texas, November 22, 1875. f To the Hon. E. B. Pickett^ President of the Convention : Sir — Your Committee on Engrossed and Enrolled Ordinances would respectfully report to 'your honorable body that they have examined and compared the following articles and ordinances : "Article — , Division of the Powers of Government"; "Arti- cle— , Spanish and Mexican Land Titles"; " An Ordinance in relation to Railroads," and *'A provision setting apart three millions of acres of the public lands for the erection and repair- ing of public buildings," and find them all correctly engrossed. Respectfully, Wm. Neal Ramey, Chairman. Mr. Cook, of Gonzales, reported as follows : Committee Room, ) Austin, Texas, November 22, 1875. \ To the Hon, E. B. Pickett^ President of the Convention : Sir — Your Committee on Printing and Contingent Expenses beg leave to report the following bills and accounts, embracing the entire amount allowed by them for current printing and ail other contingent expenses of the Convention up to the present date. W. D. Cook, Chairman. 750 JOURNAL OF THE [Nov. 22, 1875. 1875. ITEMS. ' Sept. 11 — Bill of stationery bought of Thompson & Nagle by Capt. Yoight $165 63 Amount postage, stamps, etc., Serg't-at-arms 224 00 Sept. 17 — Amount paid Capt. Yoight for repairs and arranging hall 126 86 Sept. 18 — Bill of J. D. Elliot for various items, print- ing procured by Secretary, as per resolution 137 50 Sept. 20 — Paid Austin Ice Factory for ice 4 00 Sept. 23 — Paid for stamps and postage 127 40 Sept. 24 — Amount paid J. D. Logan & Co. for printing 206 50 Allowed for repairs to hall 75 00 Oct. 2— Bill for gas to date 82 20 Postage, stamps, etc.. to this date 166 40 Paid J. D. Logan & Co. for printing, etc. . . 95 50 Oct. 4 — Paid Thompson & Nagle for stationery 130 25 Oct. 5 — Paid for one gas torch 5 10 Oct. 7 — Paid I. Steen for glasses and pitchers 5 25 Oct. 8— Bill of C. F. Millet for four blinds 80 00 Oct. 9— Bill of J. D. Logan & Co. for printing 149 50 Oct. 11 — Amount paid for postage, stamps, etc 187 50 Oct. 16 — Amount paid J. D. Logan r(9- vided^ that such claims and demands have not heretofore been either adjudicated or audited ; and provided also, that said claims and demands originated prior to the 28th day of January, Vy8 journal of the [JVov. 22, 1875. 1861, or subsequent to the 5th day of August, 1865, and that they are not in contravention of the constitution and laws of the United States ; and all claims and demands not so presented shall be and remain forever barred." Lost. Mr. Wright offered the following amendment : Amend section 18 by adding after the word '*and," at the end of the sentence, the following : " and provided further, that no cause of action heretofore barred shall be revived." Adopted. Mr. Martin, of Navarro, proposed to amend section 21 in line 103, by inserting after the words " stationery and printing," the words " except proclamations and such printing as may be done at the Deaf and Dumb Asylum." Strike out the words " and distributing," in line 105, and in- sert the word " and," after the word " printing." Adopted. Mr. Fleming offered the following amendment : Amend section 2, line 269, by striking out all after the word " provided," down to and including the word " family," in line 270, and insert " that the same may include both the place of residence and the place to exercise the calling of the head of a family, and that the same may be on lots not contiguous." Lost by the following vote : Yeas — Barnett, Blassingame, Brady, Bruce, Burleson, Cham- bers, Cooke of San Saba, Darnell, Davis of Brazos, Davis of Wharton, DeMorse, Flanagan, Fleming, Flournoy, Ford, Graves, Haynes, McCormick, McKinney of Denton, Mills, Murphy, Norvell, Nugent, Nunn, Iloss, Spikes, Stewart, Stockdale, Wade, West, Whitehead, Whitfield— 32. Nays — Abernathy, Allison, Arnim, Ballinger, Brown, Cline, Crawford, Dillard, Dohoney, Ferris, German, Henry of Lime- stone, Henry of Smith, Holt, Kilgore, Lacy, Lockett, McKinney of Walker, Martin of Navarro, Mitchell, Pauli, Rentfro, Rey- nolds, Robertson of Bell, Robison of Fayette, Scott — 26. Mr. McCormick offered the following amendment : After the word " government," in line 104, section 20, add the words "except the judicial department." Adopted. Mr. Barnett offered the following amendment : Amend section 31, line 154, after "Legislature" strike out " shall " and insert " may." Mr. Bruce proposed to substitute the amendment : In section 31 strike out after the word " laws," in line 154, down to and including " State," in line 155. Lost. Nov. 22, 1875.J CONSTITUTIONAL CONVENTION. 77 9 Mr. Barnett's amendment adopted. Mr. Dohoney proposed to amend section 45, line 240, by inserting after the word " Treasurer " the words " and a County Surveyor." Also strike out the word " his " when it occurs in lines 240 and 241, and insert " their." Also strike out the word " is," in line 241, and insert " are." Adopted. Mr. Ferris proposed to amend section 15, line 83, by striking out all after the word '' property." Adopted. Mr. McCormick moved to strike out all of section 56, after the word " Texas," in line 296. Lost by the following vote : Yeas — Brown, Burleson, Cline, Cooke of San Saba, Darnell, DeMorse, Ferris, Flanagan, Fleming, Ford, Graves, Johnson of Franklin, Kilgore, McCormick, McKinney of Walker, Murphy, IS^orvell, Ramev, Ross, Sessions, Spikes, Wade, Whitehead, Whitfield— 24. " Nays — Abernathy, Allison, Arnim, Ballinger, Barnett, Blas- singame, Brady, Bruce, Chambers, Crawford, Davis of Brazos, Dillard, Dohoney, Flournoy, German, Haynes, Henry of Lime- stone, Henry of Smith, Holt, Lacy, Lockett, McCabe, McKinney of Denton, Martin of Navarro, Mills, Mitchell, Nugent, Nunn, Pauli, Rentfro, Reynolds, Scott, Stewart, Stockdale, Wright — 35. Mr. Holt offered the following amendment : In section 45, line 240, after the word " shall " strike out " reside," and insert " have an office." On motion of Mr. Whitfield, the main question was ordered. Mr. Holt's amendment adopted. The article then passed by the following vote : Yeas — Abernathy, Allison, Ballinger, Barnett, Blassingame, Brown, Bruce, Burleson, Chambers, Cooke of S*an Saba, Craw- ford, Darnell, Davis of Brazos, Dillard, Dohoney, Ferris, Flem- ing, Flournoy, Ford, German, Graves, Haynes, Henry of Lime- stone, Henry of Smith, Holt, Johnson of Franklin, Kilgore, Lacy, McCormick, McKinney of Denton, McKinney of Walker, Martin of Navarro, Martin of Hunt, Murphy, Norvell, Nugent, Nunn, Ramey, Robertson of Bell, Robison of Fayette, Ross, Scott, Ses- sions, Spikes, Stewart, Stockdale, Wade, Whitehead, Whitfield, Wright— 50. Nays — Arnim, Brady, Cline, Davis of Wharton, Flanagan, Lockett, McCabe, Mills, Mitchell, Pauli, Rentfro, Reynolds, Weaver — 13. On motion of Mr. Allison, the Convention adjourned to 9 o'clock a. m. to-morrow. 780 JOURNAL OF THE {Nov. 23, 1875. SIXTY -SEVENTH DAY. Hall of Kepresentatives, \ Austin", Texas, November 23, 1875. f Convention met pursuant to adjournment ; roll called ; quorum present. Prayer by the Rev. Mr. Wright, of the Presbyterian Church, at Austin. Journal of yesterday read and adopted. Mr. Wade offered the following resolution : Resolved hy this Convention, that George Flournoy, W. P. Ballinger and W. H. Stewart, members of this body, be and they are hereby appointed a committee to supervise the printing of the constitution, and see that the work is done in accordance with the enrolled copy. Adopted. On motion of Mr. Fleming, the Secretary of the Convention was instructed to distribute to each delegate two hundred copies of the constitution, instead of two hundred and twenty as per resolution of yesterday, and to deposit two thousand copies with the Secretary of State. Mr. Brown offered the following ordinance : "An Ordinance " supplementary to an ordinance ' to provide for submitting the constitution to a vote of the people, and for a general election under its provisions.' "Section 1. Be it ordained hy the people of Texas, in Conven- tion assembled, That all returns of the election to be held on the third Tuesday in February, 1876, under the provisions of the ordinance to which this is supplementary, shall be made to the Presiding Justice of each county by the proper election officers, on or before the Saturday next succeeding the said day of elec- tion, on which day the Presiding Justice, or in his absence or refusal to act, the District Clerk, shall open, compare and record the votes for all officers, and on the ratification or rejection of the constitution, as is provided for other elections by law. The Presiding Justice or District Clerk, as the case may be, shall immediately make return of the vote for and against the consti- tution, for all State officers, all judicial officers, and for District Attorneys in the districts in which they are to be chosen. The returns for Governor and other State officers shall be made separately, and addressed to the Speaker of the House of Rep- resentatives, to the care of the Secretary of State. The returns Nov, 23, 1875.] CONSTITUTIONAL CONVENTION. 181 for and against the constitution, for Judges of the Supreme, Appellate, and District Courts, and for District Attorneys, shall be addressed to the Secretary of State. On the third Tuesday in March the Governor, Secretary of State and Attorney General shall open, count, record and declare the result in the returns for and against the constitution, for Supreme, Appellate, and Dis- trict Judges, and for District Attorneys ; whereupon, within five days, the Governor shall make proclamation of the result, as to the ratification or rejection of the constitution, and, if the con- stitution be ratified, issue certificates of election to the persons w^ho may be chosen to the respective judicial and district ofiicers herein referred to. Passed November 23, 1875. E. B. Pickett, Leigh Chalmers, Pres. of the Convention. Sec. of the Convention. Eead first time and passed by the following vote : Yeas— Abernathy, Abner, Allison, Arnim, Ballinger, Barnett, Blake, Blassingame, Brown, Bruce, Burleson, Chambers, Cook of Gonzales, Cooke of San Saba, Darnell, Davis of Brazos, DeMorse, Dillard, Dohoney, Erhard, Ferris, Flanagan, Fleming, Flournoy, Graves, Ilaynes,' Henry of Limestone, Henry of Smith, Holt, Johnson of Collin, Johnson of Franklin, Kilgore, King, Lacy, M-cCormick, McKinney of Denton, Martin of Navarro, Martin of Hunt, Moore, Murphy, Norvell, Nugent, Nunn, Kent- fro, Robertson of Bell, Pwobison of Fayette, Ross, Russell of Harrison, Sansom, Scott, Sessions, Spikes, Stewart, Wade, Weaver, Whitehead, Whitfield, Wright— 58. Nays— Mills— 1. "Article — , University," taken up and read second time. Mr. Lockett proposed' to amend section 5, line 58, by striking out "Austin " and inserting " Brenham." Adopted. Mr. Whitfield moved to strike out the preamble down to sec- tion 1. Carried. Mr. Robertson, of Bell, proposed to amend section 1, alter "Austin," by inserting " or Salado." Mr. Scott ofi'ered the following as a substitute for the amend- ment : Section 1, line 19, strike out the words "to be located at or near the city of Austin," and insert "to be located by a vote of the people of the State." T82 JOURNAL OF THE [JVov, 23, 1875. Mr. Robertson's (of Bell) amendment lost. The question on Mr. Scott's amendment was pot and adopted by the following vote : Yeas — Abernathy, Allison, Arnim, Barnett, Blake, Blassin- game, Brady, Bruce, Burleson, Chambers, Cook of San Saba, Crawford, DeMorse, Dillard, Dohoney, Ferris, Fleming, German, Graves, Henry of Limestone, Henry of Smith, Johnson of Collin, Johnson of Franklin, Kilgore, Killouoih, Lacy, McKinney of Den- ton, Martin of Navarro, Norvell, Rentfro, Robertson of Bell, Scott, Sessions, Smith, Spikes, Wade, Weaver, Whitehead, Wright— 39. Nays — Abner, Ballinger, Cline, Cooke of Gonzales, Erhard, Flanagan, Haynes, King, Lockett, McCormick, Mills, Mitchell, Moore, Murphy, Nugent, Nunn, Pauli, Robison of Fayette, Rus- sell of Harrison, Sansom, Stewart, Stockdale, West, Whitfield-24:. Mr. Wade proposed to amend as follows : Section 2, line 25, after '' sale," insert " or lease." Section 3, line 40, after " sold," insert " or leased." Also, in line 44, after " sold," insert " lease." Lost. Mr. McCormick offered the following amendment : Section 5, line 50, strike out the words " college or," and in- sert " a." Lost. Mr. Sansom proposed to amend line 19 by inserting in lieu of the amendment just adopted the words " at or near the town of Georgetown, county of Williamson." Lost. Mr. Darnell offered the following amendment : Section 4, line 50, insert " Fort Worth." Lost. Mr. Graves offered the following amendment : Section 5, lines 56 and 57, strike out " to be located at or near the city of Austin," and insert '' to be located by a vote of the people." Adopted by the following vote : Yeas — Abernathy, Allison, Arnim, Blassingame,Brown, Burle- son, Cook of San Saba, DeMorse, Dillard, Dohoney, Ferris, Fleming, Flournoy, German, Graves, Haynes, Henry of Lime- stone, Holt, Johnson of Collin, Johnson of Franklin, Kilgore, Killongh, Lacy, McKinney of Denton, Martin of Navarro, Martin of Hunt, Norvell, Nugent, Robertson of Bell, Scott, Sessions, Smith, Spikes, Stewart, Wade, Weaver, Whitehead, Whitfield— 38. Nov, 2z, 1875.J CONSTITUTIONAL CONVENTION. '783 Nays — Abner, Brady, Chambers, Cline, Darnell, Davis of Brazos, Erhard, Flanagan, Henry of Smith, Lockett, McCormick, Mills, Mitchell, Nunn, Pauli, Rentfro, Reynolds, Bussell of Harrison, Sansom, West, Wright — 21. Mr. Dohoney offered the following amendment to section 4, line 50 : By inserting after " therewith " the words " and there shall be established a branch of said miiversity at some eligible point in Northern Texas." Lost. Mr. Moore offered the following amendment : ' Amend line 19 by adding after the word " located " the words " by commissioners, to be appointed by the Governor, as may be provided by law." Mr. Dillard moved the main question on engrossing the article. Carried. Mr. Moore's amendment lost by the following vote : Yeas — Abner, Ballinger, Brady, Burleson, Cline, Cooke of San Saba, Davis of Brazos, Erhard, Flonrnoy, Henry of Smith, Kilgore, King, Lockett, Mitchell, Moore, Murphy, Nunn, Pauli, Kentfro, Bussell of Harrison, Sansom, Stewart, Stockdale, Wade, West, Whitfield— 27. Nays — Abernathy, Allison, Arnim, Barnett, Blassingame, Bruce, Cook of Gonzales, Crawford, Darnell, DeMorse, Dillard, Ferris, Fleming, German, Graves, Haynes, Henry of Limestone, Holt, Johnson of Collin, Johnson of Franklin, Killough, McCor- mick, McKinney of Denton, Martin of Navarro, Martin of Hunt, Norvell, Nugent, Robertson of Bell, Scott, Sessions, Smith, Spikes, Weaver, Whitehead, Wright — 35. The article was then ordered engrossed by the following vote : Yeas — Abernathy, Allison, Ballinger, Burleson, Chambers, Cook of Gonzales, Cooke of San Saba, Darnell, Davis of Brazos, DeMorse, Dillard, Ferris, Flournoy, Graves, Haynes, Henry of Smith, Johnson of Franklin, Kilgore, Killough, King, Lacy, Moore, Norvell, Pauli, Ramey, Smith, Stewart, Stockdale, Weaver, Whitehead, Whitfield, 'Wright— 32. Nays — Abner, Arnim, Barnett, Blassingame, Brady, Bruce, Cline, Davis of Wharton, Flanagan, Fleming, German, Henry of Limestone, Holt, Lockett, McCabe, McCormick, McKinney of Denton, Martin of Navarro, Martin of Hunt, Mills, Mitchell, Murphy, Nugent, Pauli, Rentfro, Reynolds, Robertson of Bell, Russell of Harrison, Scott, Spikes, Wade — 31. Mr. Whitfield moved to suspend the rules and put the article on its third reading. Carried. 784 JOURNAL OF THE \JVov. 23, 1875. Article read third time. Mr. Cline moved to strike out all relative to location, in line 19, and insert " to be located near the capital of the State." Lost by the following vote : Yeas — Abernathy, Abner, Ballinger, Barnett, Brady, Burle- son, Cline, Cook of Gonzales, Cooke of San Saba, Davis of Brazos, Davis of Wharton, Flanagan, Flournoy, Haynes, Kil- gore, King, Lockett, McCabe, McCormick, Martin of Navarro, Siills, Mitchell, Moore, Murphy, Nugent, Nunn, Pauli, Eentfro, Beynolds, Russell of Flarrison, Sansom, Sessions, Smith, Stewart, Stockdale, West, Whitfield— 37. Nays — Allison, Arnim, Blassingame, Bruce, Chambers, Craw- ford, DeMorse, Dillard, Dohoney, Ferris, Fleming, German, Graves, Henry of Limestone, Henry of Smith, Holt, Johnson of Franklin, Killough, Lacy, Mclvinney of Denton, Martin of Hunt, Norvell, Robertson of Bell, Scott, Spikes, Wade, Weaver, Whitehead— 28. Mr. McCormick offered the following amendment : Amend line 56 so as to read '' of a branch college or uni- versity." Mr. McCabe moved to table the amendment. Lost, and amendment lost. Mr. Brady proposed to amend by striking out the word "Austin," in line 58, section 5, and insert " Brenliam." Lost. The article was put upon its final passage, and passed by the following vote : Yeas — Abernathy, Allison, Ballinger, Chambers, Cook of Gon- zales, Cooke of San Saba, Crawford, Darnell, Davis of Brazos, DeMorse, Dillard, Ferris, Flournoy, Graves, Haynes, Henry of Smith, Johnson of Franklin, Kilgore, Killough, Lacy, Moore, Murphy, Norvell, Nunn, Robertson of Bell, Robison of Fay- ette, Sansom, Sessions, Smith, Stewart, Stockdale, Wade, West, Whitehead, Whitfield, Wright— 35. Nats — Abner, Arnim, Barnett, Blassingame, Brady, Bruce, Burleson, Cline, Davis of Wharton, Dohoney, Flanagan, Flem- ing, German, Holt, King, Lockett, McCabe, McCormick, McKin- ney of Denton, Martin of Navarro, Martin of Hunt, Mills, Mitchell, Mooris, Nugent, Pauli, Rentfro, Reynolds, Russell of Harrison, Spikes — 30. Mr. Crawford ofiered the following ordinance : £e it ordained hy the people of Texas^ in conventioji assembled^ That at the election to be holden on the third Tuesday in Feb- N(n). 23, 1875.] CONSTITUTIONAL CONVENTION. 785 ruary, 1876, and at each biennial election thereafter there shall be elected by the qualiiied voters of tlie following named conn- ties, a collector of taxes for each of said counties, who shall hold his office for two years, and shall receive such compensation as may be fixed bylaw, to-wit: Marion, Cass, Bowie, Red River, Lamar, Fannin, Grayson, Hunt, Hopkins, Monti^omery, AVashington, Brazos, Tarrant, Limestone, Freestone, Navarro, Smith, Grimes. That this ordinance continue and be in force until the ad- journment of the first Legislature after the next United States or other lawful census of the inhabitants of Texas shall be taken and returned. On motion of Mr. Dillard,the ordinance was made the special order for 2^ o'clock p. m. "Article — , Qualified Suffrage," was taken up and read a second time. Mr. Mills moved to lay the ordinance on the table. Carried by the following vote : Yeas — Abner, Arnim, Ballinger, Barnett, Blassingame, Bruce, Chambers, Cline, Crawford, Davis of Wharton, Flanagan, Fiour- noy, German, Graves, Haynes, Henry of Limestone, Johnson of Collin, Johnson of Franklin, Lockett, McCabe, McKinney of Denton, McKinney of Walker, Martin of Navarro, Martin of Hunt, Mills, Mitchell, Norvell, Nugent, Rentfro, Reynolds, Rus- sell of Harrison, Scott, Sessions, Spikes, Stew^art, Weaver, Whitehead— 37. Nats — Allison, Blake, Burleson, Cook of Gonzales, Cooke of San Saba, Darnell, DeMorse, Dillard, Flemings Holt, Kilgore, Killough, King, Lacy, McCormick, Moore, Murphy, Robertson of Bell, Robison of Fayette, Sansom, Smith, Stockdale, Whit- field, Wright— 24. Mr. Henry, of Smith, was paired off with Mr. Russell, of Wood, but for which he would vote " nay." "Article — , Private Corporations," taken up and read second time. [Mr. Dohoney in the chair.] Mr. German offered the following amendment as a new sec- tion : " Sec. — . No corporation shall issue stock or bonds, except for money paid, labor done, or property actually received, and all fictitious increase of stock shall be void." Adopted by the following vote : Yeas — Arnim, Ballinger, Barnett, Blassingame, Bruce, Cline, Cook of Gonzales, DeMorse, Dillard, Flournoy, German, Graves, 51 7e6 JOURNAL OF THE {Nov. 23, 1875. Haynes, Holt, Johnson of Collin, Lacy, McCormick, McKinney of Denton, McKinney of Walker, Martin of Hunt, Moore, Nu- gent, Robertson of Bell, Robison of Fayette, Sansom, Scott, Stewart, Stockdale, Weaver, Wright — 29. Nays — Abernathy, Abner, Blake, Cooke of San Saba, Flana- gan, F^leming, Henry of Limestone, Henry of Smith, Kilgore, Lockett, Norvell, Russell of Harrison, Sessions, Spikes, West, Whitehead— 16. Mr. Nugent offered the following amendment as section 7 : " Sec. T. Nothing in this article shall be construed to divest or affect rights guaranteed by any existing grant or statute of this State or of the ReDublic of Texas." Mr. Ramey submitted the following reports : Committee Room, ) Austin, November 23, 1875. ( To the Hon. E. B. Piehett^ President of the Convention : Sir — Your Committee on Engrossed and Enrolled Ordinances would respectfully report that they have examined and com- pared "An Ordinance fixing the times of holding the District Courts of the State of Texas, and find the same correctly en- grossed. Respectfully, Wm. Neal Ramey, Chairman. Committee Room, Austin, November 23, 1875. To the Hon. E. B. Pickett^ President of the Convention : Sir — Your Committee on Engrossed and Enrolled Ordinances beg leave to report that they have examined and compared "An ordinance submitting the new constitution to a vote of the peo- ple, and for other purposes," and find the same correctly en- grossed. Respectfully, Wm. Neal Ramey, Chairman. On motion of Mr. Flanagan, the Convention adjourned to 2J o'clock p. M., pending Mr. Nugent's amendment. EVENING SESSION— 2i o'clock. Convention met pursuant to adjournment ; roll called ; quorum present. Mr. Ramey reported as follows : Nov. 23, 1875.] CONSTITUTIONAL CONVENTION. 78V Committee Room, I Austin, November 23, 1875. f To the Hon. E. B. Pickett^ President of tJts Convention : Sir — Your Committee on Engrossed and Enrolled Ordinances would respectfully report to your honorable body that they have carefully examined and compared "'An ordinance to divide the State of Texas into Judicial Districts, and "An ordinance to de- termine the effect of ordinances," and find the same correctly engrossed. Respectfully, VVm. Np:al Ramey, Chairman. Special order, viz., Mr. Crawford's ordinance to elect col- lectors in certain counties taken up, and on motion of Mr. Mur- phy, postponed till pending business should be disposed of. "Private Corporations" taken up, pending Mr. Nugent's amendment. [Mr. Brown in the chair.] Mr. Stockdalo, by leave, submitted the following reports: Committee Room, Austin, November 23, 1875. 2\> the Hon. E. B. Pickett.^ President of the Convention : Sm — The Committee on Ordinances have duly considered the memorial of I. 11. Hutchins and Alfred Grooms, and also an ordinance on the same subject, that is, to provide a means of ascertaining and paying certain claims against the State. The committee instruct me to report that the same subject has been considered by another committee and acted upon. They, there- fore, report back the matters before stated, and recommend that they be laid upon the table. Respectfully submitted, F. S. Stockdale, Chairman. Adopted. Commiti'ee Room, ) Austin, November 23, 1875. j^ To the Hon. E. B. Pickett., President of the Convention : Sir — The Committee on Ordinances, to which was referred an ordinance to validate the judgments of the County Courts of Lamar and Fannin counties, has duly considered the same, and a majority of the committee instruct me to report : That thev regard the questions involved as judicial, involving private rights, such as the Convention cannot wisely settle. If the court had jurisdiction, its judgments, if otherwise without error, are valid. If the Legislature, at the date of the act conferring juris- diction upon these courts, had no power to do so, any act of this "88 JOURNAL OF THE {Nov. 23, 1875. Convention, validating these courts and their judgments, would be retroactive. The committee, therefore, return the ordinance, and recommend that it do not pass. F. S. Stockdale, Chairman, xldopted. Committee Eoom, i Austin, November 23, 1875. '\ To tJie Hon. E. B. Pickett^ President of the Convention : The Committee on Ordinances, to which was referred the ordinance to declare the land certificates issued under the act of March 10, 1875, void, has duly considered the same, and I am instructed to report : That the question as to the validity of said certificates is judicial, and may be investigated by the courts, either under existing laws or laws to be passed hereafter. The constitution framed by this Convention, if adopted, will prevent such use of the pu])lic domain hereafter. The ordinance is therefore returned, with the recommendation that it do not pass. F. S. Stockdale, Chairman. Adopted. Mr. Scott moved the main question. Carried. Mr. Nugent's amendment was then adopted by the following vote : Yeas— Abner, Ballinger, Blake, Brady, Brown, Burleson, Ciine, Cooke of San Saba, Davis of Brazos, DeMorse, Dohoney, Ferris, Flanagan, Ford, Henry of Smith, Holt, Kilgore, Lockett, Moore, Murphy, Norvell, Nugent, Nunn, Pauli, Kentfro, Eey- nolds, Eussell of Harrison, Sansom, Smith, Stewart, Stockdale, Weaver, West, Whitehead, Whitfield— 35. Nays — Abernathy, Allison, Arnim, Barnett, Blassingame, Bruce, Chambers, Crawford, Dillard, Fleming, Flournoy, Graves, Haynes, Henry of Limestone, Johnson of Collin, Killough, Lacy, McCormick, McKinney of Walker, Martin of Navarro, Kame'y, Kobertson of Bell, Kobison of Fayette, Boss, Scott, Sessions, Spikes, Wade, Wright— 28. Mr. Stockdale moved that when the Convention adjourns it adjourns to meet at 7 p. m. Carried. The question then recurring on the engrossment of the article, it was ordered engrossed by the following vote : Yeas — Abner, Allison, Arnim, Barnett, Blassingame, Brown, Bruce, Chambers, Crawford, Dillard, Dohony, Fleming, Flour- noy, Graves, Haynes, Henry of Limestone, Johnson of Collin, Johnson of Franklin, Killough, Lacy, McCormick, McKinney of Nov. 23, 1875.] CONSTITUTIONAL CONVENTION. 789 Denton, McKinney of Walker, Martin of Navarro, Martin of Hunt, Ramey, Rentfro, Robertson of Bell, Robison of Fayette, Ross, Scott, Sessions, Smith, Wade, Whitehead, Whitfield, Wright— 37. JS^AYs — Ballinger, Blake, Brady, Burleson, Cline, Davis of Brazos, DeMorse, Ferris, Flanagan, Henry of Smith, Holt, Kil- gore, Lockett, Mills, Moore, Murphy, Xorvell, Nugent, Nunn, Pauli, Russell of Harrison, Sansom, Stewart, Stockdale, Weaver, West— 26. Mr. Allison moved to suspend the rule, and to place the article on its third reading. Lost. Mr. Flanagan offered, by leave, the following resolution : Resolved^ First — That the Constitutional Convention of Texas has heard with deep regret the death of the Hon. Henry Wilson, of Massachusetts, Yice President of the United States. Second — That in the death of the Hon. Henry Wilson, this country has lost one of its most illustrious citizens, a profound statesman, a self-sacrificing and zealous patriot, a pure and dis- tinguished public servant. Third — That the President of this Convention forward copies of this resolution to the President of the LTnited States and to the family of the deceased. Fourth — That this Convention, as a tribute to the deceased, do now stand adjourned. Adopted unanimously. NIGHT SESSION--? o'clock. Convention met pursuant to adjournment ; roll called; quorum present. Mr. Ramey reported as follows : Committee Room, ) Austin, November 23, 1875. ) To tlie Hon. E. B. Pickett^ President of the Convention : Sir — Your Committee on Engrossed and Enrolled Ordinances beg leave to report to your honorable body that they have exam- ined and compared "Article — , University," and an ordinance supplementary to an ordinance " to provide for submitting the constitution to a vote of the people, and for a general election under its provisions," and find the same correctly engrossed. Respectfully, Wm. Neal Ramey, Chairman. Special order, viz : ordinance authorizing the election of Col- lectors of Taxes, taken up, and postponed for the present. 190 JOURNAL OF THE [JVov. 23, 1875. Municipal Corporations taken up and read second time. Mr. Crawford offered the following amendment : Add to section 4, " and all license and occupation tax levied, and all' fines, forfeitures, penalties and other dues accruing to cities and towns shall be collectable only in current money." Adopted. 1SI^\ McCormick proposed to strike out section 10. Adopted. Mr. Robertson, of Bell, moved to strike out section 11. Mr. Kugent proposed to amend the section by striking out " a majority," and inserting " two-thirds," in line 70. Mr. Graves moved to close debate on the pending amend- ments. Carried. Mr. Nugent's amendment adopted. The question recurring on the adoption of Mr. Robertson's (of Bell) amendment, it was lost by the following vote : Yeas — Abernathy, Arnim, Blassingame, Bruce, Cooke of San Saba, Flournoy, German, Graves, Henry of Limestone, Holt, Johnson of Collin, McKinne}^ of Denton, Martin of Navarro, Murphy, Norvell, Robertson of Bell, Robison of Fayette, Scott, Sessions, Spikes, Whitehead, Wright — 22. NAYS^Allison, Ballinger, Barnett, Brady, Brown, Burleson, Chambers, Cline, Cooley, Crawford, Davis of Brazos, DeMorse, Dohoney, Ferris, Fleming, Ford, Ilaynes, Henry of Smith, John- son of Franklin, Kilgore, Lac}^, McCabe, McCormick, McKinney of Walker, McLean, Martin of Hunt, Mills. Mitchell, Moore, Nugent, Nunn, Pauli, Rentfro, Ross, Smith, Stewart, Stockdale, West, Whitfield— 39. Mr. Blassingame moved to strike out section 8. Lost by the following vote: Yeas — Blassingame, Bruce, Crawford, Dillard, Dohoney, Ger- man, Graves, Holt, Johnson of Collin, Lacy, McKinney of Den- ton, Martin of Hunt, Rentfro, Robertson of Bell, Scott — 15. Nays — Abernathy, Arnim, Ballinger, Barnett, Brady, Brown, Burleson, Chambers, Cline, Cooke of San Saba, Cooley, Davis of Brazos, DeMorse, Ferris, Fleming, Flournoy, Ford, Haynes, Henry of Smith, Kilgore, McCormick, McKinney of AYalker, McLean, Martin of Navarro, Mills, Moore, Murphy, Nugent, Nunn, Pauli, Robison of Fayette, Sessions, Smith, Stewart, Stockdale, West, Whitehead, Whitfield— 38. Mr. Brown proposed to amend section 2, in lines, 3 and 4, by striking out the words " the removal of county seats." Adopted. Nov. 23, 1875.1 CONSTITUTIONAL CONVENTION. 791 Also, add to line 5S the words '' and from taxation." Adopted. Mr. Ferris offered the following, to come in at the end of Mr. Brown's amendment just adopted : ^^Provided^ nothing herein shall prevent the enforcement of the vendor's liens, the mechanic's or builder's lien, or other liens now existing.*" Adopted. Mr. Moore moved to strike out, in line 21, the word " five," and insert 'Hwo and one-half." Mr. Flournoy moved to amend the amendment by inserting "two and one-half" instead of "three." Lost, and Mr. Moore's amendment adopted. Mr. Dillard offered the following amendment: Section 8, add after " Gulf Coast," in line 46, " Red River, Sulphur, Caddo Lake and its tributaries." Mr. Stockdale proposed to amend the amendment as follows: Amend by inserting " all other rivers and lakes in the State." Lost. Mr. Dillard's amendment lost by the following vote : Yeas — Blassingame, Brady, Crawford, DeMorse, Dillard, Do- honey, Holt, McLean, Rentfro, Whitfield — 10. Nays — Abner, Allison, Arnim, Brown, Bruce, Burleson, Cham- bers, Cline, Cooke of San Saba, Cooley, Davis of Brazos, Flem- ing, Flournoy, Ford, German, Graves, Haynes, Henry of Lime- stone, Henry of Smith, Johnson of Collin, Kilgore, Lacy, McCor- mick, McKinney of Denton, McKinney of Walker, Martin of Navarro, Martin of Hunt, Mills, Moore, Murphy, Norvell, Nu- gent, Nunn, Pauli, Robertson of Bell, Robison of Fayette, Ross, Scott, Sessions, Smith, Spikes, Stockdale, West, White- head— 44. Mr. Robertson, of Bell, proposed to amend section 11 by adding ''''provided^ that said tax shall never exceed more than one-fourth of one per cent, in any year." Lost. On motion of Mr. Nunn, the main question was ordered, and the article ordered engrossed by the following vote : Yeas — Abernathy, Allison, Arnim, Ballinger, Barnett, Brown, Burleson, Cline, Crawford, DeMorse, Dillard, Ferris, Flournoy, Ford, Graves, Haynes, Henry of Limestone, Henry of Smith, Johnson of Franklin, McCormick, McKinney of Walker, Mc- Lean, Martin of Navarro, Moore, Murphy, Norvell, Nugent, Nunn, Ross, Sessions, Smith, Stewart, Stockdale, West, White- head, Whitfield— 36. 792 JOURNAL OF THE [JVov. 23, 1875. Nays — Blassingame, Brady, Bruce, Cooke of San Saba, Cooley, Dohoney, Fleming, German, Holt, Johnson of Collin, Kilgore, Lacy, McKinney of Denton, Martin of Hunt, Mills, Pauli, Rent- fro, Robertson of Bell, Robison of Fayette, Scott, Spikes — 21. [Mr. Stockdale in the chair.] ^'Article — , Public Lands and Land Otiice," taken up and read third time. Mr. Dohoney offered the following amendment : Amend section 2, in line 23, by striking out " of" and insert- ing the words " or in." Adopted. The article then passed by the following vote : Yeas — Abernathy, Allison, Arnim, Barnett, Brown, Burle- son, Crawford, Davis of Brazos, Dillard, Dohony, Ferris, Flour- noy. Ford, Graves, Haynes, Henry of Limestone, Holt, Kilgore, McKinney of Walker, Martin of Navarro, Moore, Nunn, Scott, Sessions, Smith, Spikes, Stewart, Stockdale, West, Whitehead, Whitfield— 31. Nays — Blassingame, Brady, Bruce, Chambers, Cline, DeMorse, Fleming, German, Henry of Smith, Johnson of Collin, McCor- mick, McKinney of Denton, McLean, Martin of Hunt, Mills, Mitchell, Norvell, Nugent, Pauli, Rentfro, Robertson of Bell, Robison of Faj^ette, Ross — 23. Mr. BrowMi, by leave, offered the following resolution : Hesolved, That there shall be printed for the use of the Con- vention, in hand bill form, 500 copies of the ordinance submit- ting the constitution to a vote of the people, and the ordinance supplementary thereto, both duly authenticated by the President and Secretary of the Convention. Adopted. On motion of Mr. Davis, of Brazos, the rule was suspended, and "Article — , Municipal Corporations," was taken up and read third time. Mr. Martin, of Hunt, offered the following amendment : Amend section 8 by adding '''provided^ such appropriation shall only be made by two-thirds vote of both houses of the Leg- islature." Lost. Mr. Brady moved to adjourn to 0 o'clock a. m. to-morrow. Lost. The article then passed by the following vote : Yeas — Abernathy, Allison, Arnim, Ballinger, Barnett, Brown, Burleson, Cline, Cook of San Saba, Crawford, Davis of Brazos, DeMorse, Ferris, Fleming, Flournoy, Graves, Haynes, Henry of Nov. 23, 1875.J CONSTITUTIONAL CONVENTION. 793 Limestone, Henry of Smith, Johnson of Collin, Johnson of Franklin, Kilgore, Lacy, McCormick, McKinney of Walker, McLean, Martin of Navarro, Moore, Norvell, Nugent, Nunn, Rentfro, Robison of Fayette, floss. Sessions, Smith, Stewart, West, Whitehead, Whitfield— 40. Nays — Blassingame, Brady, Bruce, Dohoney, German, Holt, McKinney of Denton, Martin of Hunt, Mills, Bauli, Robertson of Bell, Scott, Spikes — 13. On motion of Mr. Pickett, the rule was suspended and " Arti- cle — , Impeachment," was taken up and read second time. Mr. Norvell moved to strike out section 6. [The President resumed the chair.] Mr. Dohoney offered the following amendment : Strike out the words " seven citizens of the State, three of whom, at least, shall be laAvyers," and insert the words " lawyers practicing in the courts held by such Judge." Adopted. Mr. NorvelFs amendment lost by the following vote : Yeas — Barnett, Blassingame, Brady, Bruce, Burleson, Cline, Ferris, Graves, Haynes, Johnson of Collin, McKinney of Denton, Martin of Navarro, Mills, Norvell, Nugent, Rentfro, Robertson of Bell, Robison of Fayette, Sessions, Spikes, Stewart, Wade, Whitehead— 24. Nays — Abernathj^ Abner, Allison, Arnim, Ballinger, Cham- bers, Cook of San Saba, Davis of Brazos, DeMorse, Dillard, Dohoney, Fleming, Flournoy, Henry of Limestone, Henry of Smith, Holt, Johnson of Franklin, Kilgore, Lacy, McCormick, McKinney of Walker, McLean, Murphy, Nunn, Reagan Scott, Stockdale, West, Whitfield— 29. The article was then ordered engrossed, by the following vote : Yeas — Abernathy, Allison, Arnim, Ballinger, Barnett, Blas- singame, Burleson, Chambers, Cook of San Saba, Davis of Bra- zos, DeMorse, Dillard, Dohoney, Ferris, Fleming, Flournoy Graves, Haynes, Henry of Limestone, Henry of Smith, Holt Johnson of Collin, Johnson of Franklin, Kilgore, Lacy, McCor mick, McKinney of Walker, McLean, -Murphy, Nunn, Ramey Robison of Fayette, Ross, Scott, Sessions, Stockdale, Wade Whitehead, Whitfield— 39.^ Nays — Brady, Cline, McKinney of Denton, Martin of Navarro Mitchell, Norvell, Nugent, Rentfro, Robertson of Bell, Spikes Stewart, West— 12. Mr. Dillard moved to suspend the rule, and place the article on its third and final reading. Carried by the following vote : 79i JOURNAL OF THE [JVov. 23, 1875. Yeas — Abernathy, Allison, Arnim, Ballinger, Barnett, Blas- singarae, Burleson, Chambers, Cooke of San Saba, Davis of Brazos, Dillard, Dohoney, Fleming, Flournoy, Graves, Haynes, Henrj^ of Limestone, Henry of Smith, Holt, Johnson of Collin, Johnson of Franklin, Kilgore, Lacy, McCormick, McKinney of Walker, McLean, Martin of Navarro, Moore, Murphy, Nunn, Robison of Fayette, Ross, Scott, Sessions, Spikes, Stockdale, Wade, Whitehead, Whitfield— 39. Nays — Abner, Brady, Bruce, Cline, Mills, Mitchell, Xorvell, Nugent, Rentfro, Robertson of Bell, Stewart, West — 12. The question then recurring on the final passage of the article, it was passed by the following vote : Yeas — Abernathy, Allison, Arnim, Ballinger, Barnett, Blas- singame, Burleson, Chambers, Cooke of San Saba, Davis of Brazos, Dillard, Dohoney, Ferris, Fleming, Flournoy, Graves, Haynes, Llenry of Limestone, Henry of Smith, Holt, Johnson of Collin, Johnson of Franklin, Kilgore, McCormick, McKinney of Walker, McLean, Moore, Murphy, Nunn, Robison of Fayette, Ross, Scott, Sessions, Stockdale, Wade, Whitehead, Whit- field—37. Nays — Abner, Cline, German, Lacy, McKinney of Denton, Martin of Navarro, Mills, Norvell, Nugent, Robertson of Bell, Smith, Stewart, West — 13. Mr. West moved to adjourn to 9 o'clock a. m. to-morrow. Lost by the following vote : Yeas — Ballinger, Bruce, Cline, Cooke of San Saba, Ferris, Johnson of Collin, Kilgore, McCabe, Martin of Hunt, Murphy, Nugent, Nunn, Rentfro, Stewart, Stockdale, West — 16. Nays — Abernathy, Abner, Allison, Arnim, Barnett, Blassin- game, Brady, Burleson, Chambers, Davis of Brazos, Dillard, Dohoney, Fleming, Flournoy, German, Graves, Haynes, Henry of Limestone, Henry of Smith, Holt, Lacy, McCormick, McKin- ney of Denton, McKinney of Walker, McLean, Martin of Navarro, Mills, Moore, Norvell, Robertson of Bell, Robison of Fayette, Ross, Scott, Sessions, Spikes, Wade, Whitehead, Whitfield — 38. Mr. Scott moved to suspend the rules and take up the article on private corporations. Mr. West moved to adjourn to 9 o'clock a. m. to-morrow. A call of the Convention was demanded. Absent — Abner, Blake, Brown, Cook of Gonzales, Cooley, Crawford, Darnell, DeMorse, Erhard, Flanagan, Ford, Killough, King, Lockett, McCabe, Martin of Hunt, Pauli, Ramey, Rey- nolds, Russell of Harrison, Sansom, Smith, Weaver and Wright. On motion of Mr. Kilgore, the call was suspended, and the Nov, 23, 1875.J CONSTITUTIONAL CONVENTION. 795 motion to suspend the rules and take up " Article — , Private Corporations," carried by the following vote : Yeas — Abernathy, Allison, Arnim, Ballinger, Barnett, Blas- singame, Brady, Bruce, Burleson, Chambers, Cooke of San Saba, Davis of Brazos, Dillard, Dohoney, Ferris, Fleming, Flournoy, German, Graves, Haynes, Henry of Limestone, Holt, Johnson of Collin, Johnson of Franklin, Kilgore, Lacy, McCormick, McKinney of Denton, McKinney of Walker, McLean, Martin of Navarro, Martin of Hunt, Moore, Murphy, JN'orvell, Nugent, Kunn, Rentfro, Robertson of Bell, Robison of Fayette, Ross, Scott. Sessions, Spikes, Stewart, Stockdale, Wade, West, White- head,'Whitfield— 50. Nays— Cline, Mills— 2. Mr. Scott moved the main cjuestion on the passage of the article. Carried by tlie following vote : Yeas — Abernathy, Allison, Arnim, Ballinger, Barnett, Blas- singame, Brady, Bruce, Burleson, Chambers, Cooke of San Saba, Davis of Brazos, Dillard, Ferris, Fleming, Flournoy, German, Graves, Haynes, Henry of Limestone, Holt, Johnson of Collin, Lacy, McKinney of Denton, McKinney of Walker, McLean, Martin of Navarro, Murphy, Norvell, Nugent, Nunn, Rentfro, Robertson of Bell, Robison of Favette, Ross, Scott, Sessions, Wade, Whitehead, Whitfield— 40. Nays — Cline, Dohoney, Henry of Smith, Kilgore, Mills, Mitchell, Moore, Stewart, Stockdale, West — 10. The article was then read third time and passed by the follow- ing vote : Yeas — Abernathj^, Allison, Arnim, Barnett, Blassingame, Bruce, Burleson, Chambers, Cooke of San Saba, Dillard, Doho- ney, Fleming, Flournoy, German, Graves, Haynes, Henry of Limestone, Johnson of Collin, Johnson of Franklin, Lacy, Mc- Cormick, McKinney of Denton, McKinney of Walker, McLean, Martin of Navarro, Ramey, Robertson of Bell, Robison of Fay- ette, Ross, Scott, Sessions, Spikes, AVade, Whitehead, Whitfieid —35. Nays— Ballinger, Brady, Cline, Davis of Brazos, Ferris, Henry of Smith, Holt, Kilgore, Mills, Mitchell, Moore, Murphy, Nor- vell, Nugent, Nunn, Rentfro, Stewart, Stockdale, West — 19. Mr. Rentfro moved to adjourn to 9 o'clock a. m. to-morrow. Lost. Mr. Norvell offered the following resolution : Resolved,, That the following shall be incorporated in the con- stitution as a section of the Judicial Department ; V96 JOURNAL OF THE [JVov. 23, 1875. " Sec. — . The Judges of the Supreme Court, Court of Ap- peals, and District Courts, shall be removed by the Governor, on the address of two- thirds of each house of the Legislature, for willful neglect of duty, incompetency, habitual drunkenness, oppression in office, or other reasonable cause, which shall not be sufficient ground for impeachment ; provided, however, that the cause or causes for which such removal shall be required shall be stated at length in such address, and entered on the journals of each house ; and provided further, that the cause or causes shall be notified to the judge so intended to be removed, and he shall be admitted to a hearing in his own defense before any vote for such address shall pass ; and in all such cases the vote shall betaken by yeas and nays, and entered on the journals of each house respectively." Mr. Norvell moved to suspend the rules and take up the reso- lution for consideration. Carried by the following vote : Yeas — Allison, Arnim, Ballinger, Barnett, Blassingame, Bruce, Burleson, Chambers, Cooke of San Saba, Dillard, Fleming, Flournoy, German, Graves, Haynes, Henry of Limestone, Henry of Smith, Holt, Johnson of Collin, Johnson of Franklin, Kilgore, Lacy, McKinney of Denton, McKinney of Walker, McLean, Martin of Kavarro, Moore, Morris, Murphy, Nugent, JSTunn, Eamey, Robertson of Bell, Bobison of Fayette, Ross, Scott, Ses- sions, Spikes, Stockdale, Wade, West, Whitehead, Whitfield — 43. I^Tays — Abernathy, Brady, Cline, McCormick, Mills, Mitchell, Rentfro — 7. Resolution read second time. Mr. Dillard moved the main question. Carried, and resolution ordered engrossed. Mr. Stockdale submitted the following protest : Mr. President — As a delegate, responsible to my ov;n conscience for the proper performance of my duty to the State, I beg, repect- fully, to enter upon the journal this my protest against the passage of the "Articles on Railroads and Private Corporations." I protest for this]: That the said articles can not lawfully effect their assumed purpose as to existing railroad and other private corporations, while no existing corporations can be affected — they being protected by the Constitution of the United States and their charters, which are contracts between the State and the corporators. The articles are a sure prevention of any further investment in railroads and other like works for public improve- Nov. 24, 1875.J CONSTITUTIONAL CONVENTION. '797 ment ; and of the construction of all wharves and bridges, so necessary to the general public and private convenience. Respectfully submitted, F. S. Stockdale, Delegate from Calhoun County, C. S. West, J. B. Murphy, C. B. KiLGORE. On motion uf Mr. Dillard, the rule was suspended, and Mr. Norvell's resolution read third time, and passed by the following vote : Yeas — Allison, Arnim, Ballinger, Barnett, Blassingame, Bruce, Burleson, Chambers, Cooke of San Saba, Davis of Brazos, Dillard, Ferris, Fleming, Flournoy, German, Graves, Ilaynes, Henry of Limestone, Holt, Johnson of Collin, Johnson of Franklin, Kil- gore, Lacy, McKinney of Denton, McKinney of Walker, McLean, Martin of Navarro, Moore, Murphy, l^orvell, Nugent, Nunn, Ramey, Robertson of Bell, Robison of Fayette, Scott, Sessions, Spikes, Stewart, Stockdale, Wade, West, Whitehead, Whitfield —44. Nays — Abernathy, Brady, Henry of Smith, McCormick, Mills, Mitchell, Rentfro, Ross — 8. On motion of Mr. Chambers, the Convention adjourned to 9 o'clock A. M. to morrow. SIXTY-EIGHTH DAY. Hall of Representatives Austin, Texas, November 24, 1875 a Convention met pursuant to adjournment ; roll called ; quorum present. Prayer by the Rev. Mr. Wright, of the Presbyterian Church, at Austin. Journal of yesterday read and adopted. Mr. AYest submitted the following protest : Austin, November 24, 1875. To the Hon. E. B. Pickett^ President of the Cmvoention : Sir — The undersigned respectfully ask permission to have entered on the journal their protest against certain parts of the homestead clause, as contained in the article on General Pro- visions, placing conditions on the use of the homestead. They believe said clause ambiguous, obscure, unfair and unjust, in attempting to make an invidious discrimination between a coun- 798 JOURNAL OF THE [Nov. 24, 1875. tiy and a town homestead. It places, in our opinion, limitations and restrictions on the use of the homestead that have never before been placed on it by any law or constitution. It makes a part of the homestead, under certain circumstances, liable to forced sale for the payment of ordinary debts, and prevents widows, artisans, mechanics and persons of small means from using the homestead lots fully and without restriction for their support. The clause subjects, in certain contingencies, the home- stead to forfeiture and sale, without the consent of the husband and wife. Believing the clause unjust and unusual, and calculated to im- pair the homestead right, we beg to enter our protest against it. Respectfully submitted, C. S. West, B. H. Davis, T. L. Nugent, B. D. Martin, S. H. Russell, Lipscomb Norvell, W. W. Whitehead, N. H. Darnell, R. B. Rentfro, G. Pauli, E. W. Brady, Henry C. King, JoH nS. Ford. Mr. DeMorse submitted the following protest : Convention Hall, ) Austin, November 24, 1875. ( To tJie Hon. E, B. Pickett^ Preddent of the Convention : The undersigned, delegate from Red River county, desires to enter his protest against the passage of the Ordinance on Private Corporations, which has been hurried through by suspension of the rules, without aftbrding delegates such time to scrutinize its provisions as its effect upon important interests demanded. The undersigned had prepared, and desired to offer, an amendment qualifying the arbitrary assumptions of the third section, and affirming the control of the State over private corporations only to the extent that rights were obtained by such corporations from concession by the State ; denying that the Legislature can rightfully control the property of private citizens used solely in their own interest and without infringement upon the rights of other citizens, or prevention or interference with the use, by • other citizens, of the piLblic highways, whether of land or water. Nov. 24, 1875.J CONSTITUTIONAL CONVENTION. 799 The undersigned deems the section, referred to nugatory, in so far as it aifects private rights, but is unwilling that this Conven- tion should assume an attitude inconsistent with vested rights, which have not been conceded as a matter of favor by the State. Charles DeMorse, Delegate from Eed River, Titus, Franklin and Morris. Mr. Mills introduced the fullow^ing ordinance : "^e it ordained^ etc.^ That the Board of Equalization, provided for in article — , section — , of the present constitution, shall have powder, and is hereby authorized, to modify erroneous and excessive valuations of property rendered for the assessment of taxes since the year 1870 ; and that the State, county and special taxes for each year be computed on such modified valuation, and paid to the Sheriff of the county in which the property is situ- ated, and that the party or parties so paying shall receive dupli- cate tax receipts, one of which he shall forward to the Comptroller of Public Accounts ; and that incase suit has been instituted for the taxes on the original assessment or judgment obtained, the owner shall pay all the costs of suit; and that this ordinance be in force and take effect from and after its passage, and con- tinue in force for six months." Read the first time. Mr. Mills moved to suspend the rules and take up the ordi- nance. Lost. Mr. Brown offered the following resolutions : Resolved^ That on the enrollment of the constitution it shall be first signed by the President of the Convention, and attested by the Secretary. The roll of members shall then be called alphabetically, and each member may sign the instrument, add- ing the name of the county of his residence ; provided^ that in view of the facts that the Hon. Nicholas H. Darnell is the oldest member of the Convention, and the only member of this body who participated in the formation of the first constitution of Texas as a State of the TJnion, his name shall be first called, and the Hon. Joel Robison and B. Blake, sign with him. Resolved^ That the ordinances of the Convention shall be authenticated by the signature of the President, attested by the Secretary. Resolved^ That the constitution and ordinances, when thus duly authenticated, shall be deposited in the ofiice of the Secre- tary of State, by the President of the Convention, to be therein preserved among the archives of the State ; and that members of 800 JOURNAL OF THE [JVov. 24, 1875. the Convention now absent shall have the right to sign the con- stitution at any time before the promulgation, bv the Governor, of its ratification. Adopted. Resolved^ That instead of twenty thousand there shall be printed forty thousand copies of the constitution and ordinances in English, two thousand of which shall be deposited in the office of the Secretary of State, and thirty-eight thousand distributed equally among the members of the Convention by the Secretary, as heretofore provided. Adopted. Resolved^ That in closing its labors this Convention recom- mends to all future Legislatures the propriety, wisdom and jus- tice of having printed for distribution among the people, through the County Clerks, such number of copies of the general laws of each session, half bound, as will be equal to one tenth of the number of voters in the State, in order that the people may always have an opportunity of understanding the laws of the State. Adopted. Mr. Dillard submitted tlie following ordinance : Whereas, The Senate and House of Representatives of the Republic of Texas, in Congress assembled, did, on the 26th day of January, A. D. 1839, create and incorporate a college at De- Kaib, in Red River county, to be known as the " DeKalb Col- lege ; " and Whereas, By said act four leagues of the public lands of Texas were granted to said college, "to be located upon any vacant lands in the Republic of Texas ; " and Whereas, James Browning, David , James N. Smith, Richard Graham, Wilson , John H. Dyer, Jack- son Titus, Hiram II. Allen, Richard Ellis, Isaac Jones, George Wright, John Fowler, Holland Jones, and their successors, were appointed trustees of said College of DeKalb, and were consti- tuted a body politic and corporate in deed and law ; and Whereas, The trustees of said college had four leagues of land surveyed, in compliance w^ith the act of 26th of January, 1839; and Whereas, By act of Texas Congress, passed February 3, A. D. 1845, the Commissioner of the General Land Office was required to issue patents upon the field notes of such surveys, in the same manner and form as if certificates had been issued for the same by the Board of Land Commissioners, to the trustees of said in- stitution ; and Nov.2\, 1875.I CONSTITUTlOxNAL CONVENTION. 801 Whereas, From some cause not known, said patents were never issued ; and Whereas, B)^ act of the Legislature of Texas, passed the lOtli of February, 1852, "requiring the field notes of all surveys made previous to the passage of this act, to be made out and returned in the manner now required by law, to the General Land Office, on or before the 31st day of August, 1853, or to become null and void ; and the same surveys shall become vacant land, and be subject to be located and surveyed, as in other cases, by any per- son holding a genuine land certiticate or other legal evidence of claim to land ; " and Whereas, By said act of lOth of February, 1852, said College of DeKalb lost the claim to all lands which had been surveyed ; therefore Be it ordaiaed hy the people of Texas^ in Convention assemhled. That the Commissioner of the General Land Office be and is lierelw authorized and directed to issue to the trustees of '' De- Kalb Colleo:e " cerfiticates for four leae;ues of land, to be located upon any vacant land in the State. Kead iirst time and passed by the following vote: Yeas — -Abernathy, Ballinger, Barnett, Blake, Brady, Brown, Burleson, Chambers, Cline, Cook of Gonzales, Crawford, Darnell, DeMorse, Dillard, Henry of Limestone, Johnson of Franklin, Kil- gore, Lockett, McKinney of Walker, Martin of Navarro, Mills, Mitchell, Pauli, Bentfro, Bussell of Harrison, Sessions, Smith, Stockdale, Weaver, Whitehead, Whitlield, Wright— 32. Nays — Blassingame, Bruce, Davis of Brazos, Graves, Henry of Smith, Lacy, McCormick, Moore, Norvell, Nugent, Robert- son of Bell, Boljison of Fayette, Stewart, West — 14. Mr. Brady ottered the following resolution : Whereas, Morris Jahn, a citizen of Texas, was convicted of manslaughter, and was sentenced to confinement in the State Penitentiary, which sentence he has fully and faithfully served out, and has been discharged therefrom ; and Whereas, The said Morris Jahn is now, and has been since his release from confinement in the penitentiary, laboring under the disqualifications in regard to voting at any election held in this State, and in regard to giving testimony in courts of justice, both of which rights he is prohibited from exercising because of having been convicted of a felony ; and Whereas, The said Morris Jahn is now, and has been ever since his release from confinement in tlie penitentiary, a resident of Grimes county, and has proven himself to be now a good citi- zen, worthy of being restored to all the rights and privileges 802 JOURNAL OF THE [JVov. 24, 1875. which he enjoyed as a citizen and freeman of Texas ; therefore be it Resolmd hy the pexyple of Texas ^ in Convention assembled, That the said Morris Jalm, a resident citizen of Grimes county, be, and he is hereby, relieved from all disabilities and disqualifica- tions he may have incurred or siiiFered by reason of having been once convicted of a felony. Lost by the following vote : Yeas — Brady, Brown, Cline, DeMorse, Dillard, Lockett, Mc- Ivinney of Walker, Mills, Mitchell, Pauli, Rentfro, Reynolds, Russell of Harrison, Smith, Whitehead, Whitfield — 16. Nays — Mr. President, Abernathy, Arnim, Barnett, Blake, Blassingame, Bruce, Burleson, Chambers, Cooke of San Saba, Crawford, Graves, Henry of Limestone, Henry of Smith, Holt, Johnson of Collin, Kilgore, Killough, Lacy, McCormick, McKin- ney of Denton, Moore, ISTorvell, Nugent, Robertson of Bell, Sessions, Stewart, Stockdale, Weaver, Wright — .30. On motion of Mr. Whitfield, the Convention adjourned to 2^ o'clock p. M. EVENING SESSION— 2i o'clock. Convention met pursuant to adjournment; roll called ; quorum present. Mr. West submitted the following report : AusTiJiT, November 24, 1875. To the Hon. E. B. Pickett, President of the Convention : The undersigned protests against the passage of the Judiciary Article, because he believes that it will not answer the purpose designed. Instead of reducing, he believes it will be found to have increased the expense of the administration of justice ; in- stead of diminishing, it will be found to have increased the num- ber of ofiicers. The system is believed to be cumbersome, com- plex and when put to the test of experiment, will be found im- practicable. In addition to all this, the salaries have been so much reduced that the best legal talent of the State is virtually excluded from the bench, and thus, in its most vital point, the best interests of the State will sufier from the action of this body. C. S. West. Committee Room Austin, November 24, 1875. j To the Hon. E. B. Pickett, President of the Convention : Sir— Your select committee, to which was referred a resolu- Nov. 24, 1875.J CONSTITUTIONAL CONVENTION. 803 tion concerning depredations upon the people of the Texas fron- tier by bands of marauders, organized beyond the limits thereof to invade the territory of the United States, and murder and plunder its citizens, have liad the same under consideration, and beg leave to report : That they iind that since the time of the annexation of Texas to tlie United States, and especially since the termination of the war between Mexico and our government, resulting in the acqui- sition by us of an immense and valuable territory, theretofore be- longing to the Republic uf Mexico, the people of the latter gov- ernment, especially those of the northern and frontier States of Mexico, have entertained feelings of bitter hostility toward Americans. They have also coupled with that sentiment a vehe- ment desire to avenge their defeats and retrieve their losses. This feeling has been evinced in various waj^s : They have robbed, murdered and maltreated citizens of the United States who were residing or traveling in Mexico, in vio- lation of positive treaty stipulations, the laws of nations, and the laws uf liumanity ; they have passed legislative enactments hostile to the interests of Americans living adjacent to Mexican States, injurious to American commerce, and entailing great damage to and upon the revenues of the United States ; they have set on foot expeditions upon Mexican soil, or allowed the same to be done, for the purpose of invading the territory of the United States, and of waging a depredatory war upon her citi- zens and their property ; and they have made tliemselves the allies of Indians whose mode of warfare respects neither age nor sex. These acts of savage aggression have been perpetrated upon (iur peaceful citizens for more than twenty years. In 1859 they became open and unconcealed. During that year Juan Nepomuceno Cortina organized an expedition, mostly in the Mexican State of Tamaulipas, made a descent upon the territory of Texas, and captured the city of Brownsville. He murdered unsuspecting citizens in cold blood, robbed houses, and committed other acts of violence. This outlaw prosecuted an inhuman war upon the flag and the people of the United States lor eight months. He did so with the knowledge, tacit consent, and secret co-operation of the Mexican authorities. He drew supplies of men and means from Mexico, and used her territory for the purpose of reorganizing his forces, depositing his stolen })roperty, and as an asylum for himself and followers. No attempt was then made by the government of Mexico to restrain her citizens. When once upon her soil they were free 804 JOURNAL OF THE \Nov. 24, 1875. from arrest and molestation, and received the protection of her laws and her authorities. This robber chief was the representative man of that day in Mexico. The masses recognized him as the champion of their sentiments of hatred and revenge. He was their favorite, be- cause his hands were stained with American blood. He rose in the estimation of the authorities. They rewarded crime by pro- moting him ; and he is now a brigadier general in the Mexican army. During the presidency of Mr. Juarez he was sent to the Hio Grande as the commander of the line of the Bravo, and the representative uf the supreme government of Mexico. He re- sumed his position as the leader and protector of the despera- does, thieves and criminals who were depredating upon the peo- ple of Texas. He was retained on the Kio Grande against the protests of Genera! McCooke, of the United States army, and of an indignant people he had outraged. His presence upon onr border in any official capacity was an insult to the government and the people of the United States. He was the first to give coherence and form to the Mexican feeling of hostility to Americans; and his admiring countrymen have faithfully followed his example. Notwithstanding General Cortina has been recently arrested for disobedience of orders to his government, and for nothing more, yet the border war he inaugurated has been persistently and energetically carried on by his followers. We are informed, and believe it true, that he will soon be upon the Rio Grande to rejoin his plundering partisans, and to finish a historical record which has been written in letters of blood. The Zona Libre, or tree belt, was first established by a decree of the Governor of the State of Tamaulipas. It provided that goods, wares, and merchandise could be introduced and sold free of duty, in a belt six miles in width and about three hundred in length. It commenced at the mouth of the Kio Grande and ex- tended to the upper boundary line of the State of Tamaulipas. This decree received the sanction of the supreme government of Mexico, notwithstanding it is in direct violation of the constitu- tion thereof. Its object is expressed on its face. It was a blow aimed at the commerce and the merchants of the United States. It encouraged smuggling, and did much to concentrate upon the Rio Grande a horde of lawless Mexican adventurers. It has shifted business from the American to the Mexican side, and has well nigh ruined American traders in the valley of the Rio Grande. The custom-house records show that goods introduced by the way of Brazos Santiago, and tlie mouth of the Rio NoiK 24, 1875.] CONSTITUTIONAL CONVENTION. 805 Grande previous to the late civil war between the States amounted to more than $10,000,000 per year, and that the amount now scarcely exceeds $3,000,000 annually. The govern- ment of the United States requested that of Mexico to abolish a system which discriminated against her commerce and her inter- ests, and produced so many results prejudicial to her revenues and' the welfare of her people. The answer to this just demand was an extension of the free belt to about double its former lenscth. The border warfare which has been waged upon the territory of the United States and the people of Texas and their property, has been characterized by savage atrocities. Men have been murdered in cold blood in almost every conceivable way— tney have been shot, stabbed, burned alive and strangled ; and their bodies have been indecently mutilated ; women have been cap- tured, and their persons violated ; captive children have been held and sold as slaves. In the latter enormities the Mexicans and Indians have co-operated. In proof whereof, the evidence taken before the United States Frontier Commissioners, in 1873, in the cases of Smith and others, is respectfully referred to. To be brief: On our exposed frontier, especially on the Rio Grande, • a reio-n of terror has existed which prevented citizens from attend- ing to their vocations; the prices of real and personal property have depreciated ; population has not increased ; hundreds ot lives have been sacrificed, and millions of dollars worth of prop- erty have been taken into Mexico and into the haunts ol their savage allies. It is a question of supremacy. The homes, the property, and the lives of frontiersmen hang upon the issue. ^ On the Rio Grande the decision will consign the country to Mexican bandits or secure it to the American settlers. It is abandonment on the one side, and re-conquest on the other. It is a contest between civilization and savagery. The outrages on the part of the Mexicans have been commit- ted boldly and defiantly ; citizens and soldiers have participated. Ofiicers of the Mexican army have crossed the Rio Grande at the head of their commands, and have committed outrages upon the persons and the property of our people. Mexican o&cials, civil and military, have been participants in the profits arising from this border war. They have given their sanction to acts ot violence and rapine ; they have protected the perpetrators, and, as far as they could, they have legalized robbery and murder, io the dishonor of the supreme government ot Mexico, the proceeds of the sale of cattle stolen from the people of Texas have tound their wav into the public treasury. The custom-house authorities 806 JOURNAL OF THE [M7.'. 24, 1875. of Reynosa and Camargo liave seized stolen cattle, knowing they had been feloniously acquired. They have refused to deliver them to the authorized agents of the American owners, and have condemned and sold them, on the ground that they had been introduced into the country contrary to law. A municipal tax has been assessed and paid upon property publicly known to have been robbed from Texans. This has been done in Mata- moros and other places. It has been the practice of the Mexican authorities to throw insuperable obstacles in the way of recovering property stolen from Americans, and carried into Mexico. Our citizens have been threatened and imprisoned for daring to ask for the restitu- tion of property. To be concise, w^e have suffered the evils and the calamities of war from a people with whom we are professedly at peace. The supreme government of Mexico has been notified of the hostile and piratical aggressions of her authorities and citizens upon the territory, people and property of a neighboring and peaceful power, and no adequate steps have been taken to pre- vent the fitting out of expeditions upon her soiL Her territory has been used as a place of deposit for stolen property ; the same has been sold publicly in her markets, and the marauders' have found refuge upon her territory. Once across the Rio Grande, and the outlaw is safe from molestation ; he is covered by the flag of Mexico, and is the peculiar object of protection by her authorities. For these and many other hostile acts Mexico stands condemned by the law of nations as the indorser of the aggres- sions of her citizens. She has utterly failed to comply with her treaty obligations. She has been an inactive spectator of the murders and robberies committed by her citizens and soldiers upon citizens of the United States and their property. Her failure to com|)ly with her duties, under the obligations of inter- national law% and to extend to a neighboring and friendly power the offices of comity and good neighborhood, attach to her a fearful responsibility. By so doing she has encouraged her citi- zens in their wanton acts of robbery ; and even up to the present time, as we are informed by dispatches from the distracted fron- tier of the Rio Grande, those depredations are still continuing upon our peaceful people and their property, in the immediate vicinity and in sight of the armed forces of the United States. Again, our extensive northwestern frontier has for forty years been exposed to constantly recurring inroads of the nomadic tribes that dwell in the regions beyond that line, resulting in the murder of men, women and children, and thestealing and de- Nov, 24, 1875.] CONSTITUTIONAL CONVENTION. 80V strnction of property of ininiense value, often leaving whole set- tlements of hardy frontiersmen (tlie pioneers of civilization) utterly divested, by wholesale plunder, of all the accumulations of an industrious life, acquired in rescuing from the savage fer- tile plains, and devoting tliem to industrious civilization. Therefore, In consideration of the premises, which are abundantly established, by the testimony of the civil and military officers, und various citizens of the United States, We, the Delegates of the i^eople of Texas, in Coustitutional Convention assemhlsd, Do most respectfully but earnestly in- voke the interposition of the government of the United States, through its legitimate and constituted authorities, to take such prompt and efficient action as shall secure to her cit- izens security of person and property, and just compensa- tion for the injuries they have so wrongfully suffered at thehands of the people and othcers of the government and Republic of Mexico, claiming to be at peace with our gov- ernment, so that in the future there shall not be the constantly impending danger of war between the two countries, and our people be left to enjoy their rights of person and property in peace and security, and that they be compensated for the losses and injuries they have sustained, and the State of Texas be reim- bursed for the sums of niojiey she has expended in defense of her exposed and suffering frontier, along the entire Mexican and Indian border. In making these requests, which we prefer to the Iionorable the Congress of the United States, we feel that we are but asking that which, as citizens of that great government, we are justly entitled to ; nor can we entertain a doubt that the relief will be granted when the facts shall be made known to the properly constituted authorities. We, therefore, request that His Excellency the Governor of the State of Texas, transmit a copy of this report and memorial to His Excellency the President of the United States ; and that a copy thereof be transmitted by the President of the Conven- tion to our Senators and E-epresentatives in Congress, that the subject may be properly presented to tlie consideration of the Congress of the United States. George Elournoy, Chairman. E. L. Dohoney, J. R. Fleming. Jo. W. Barnett, L. S. Ross, John S. Mills, John S. Ford, C. S. West, D. A. KuNN, Henry C. King. B. D. Martin, 808 JOURNAL OF THE {Nov. 24, 1875. Mr. Graves oflered the following: Resolved^ That in consideration of the extra work done by Joseph Jenkins, Engrossing and Enrolling Clerk, after night, in engrossing and enrolling the articles and ordinances of this Con- vention, he be allowed six da^'s' extra pay as clerk. Adopted. Mr. Cook, of Gonzales, offered the following resolution : Resolved^ That in order to carry out the provisions of a reso- lution adopted this morning, ordering the distribution of 20,000 additional copies of the constitution and ordinances of this Con- vention, the sum of one thousand dollars, or so much thereof as may be necessary, be appropriated out of the same fund, and to be drawn in the same manner,. as the amount appropriated in a former resolution providing for the distribution of said constitu- tion and ordinances. Adopted. Ordinance authorizing the election of collectors of taxes in certain counties was taken up, read and lost by the following vote : Yeas — Blake, Crawford, Darnell, Davis of Brazos, DeMorse, Dillard, Ferris, Fleming, Flournoy, Ford, German, Kilgore, Kil- lough, King, Lockett, Martin of Navarro, Moore, Kentfro, Rey- nolds, Eobison of Fayette, Scott, Wade, West, Wright — 24. Xays — Abernathy, Allison, Abner, Arnim, Barnett, Blassin- game, Bruce, Burleson, Chambers, Ciine, Cook of Gonzales, Cooke of San Saba, Davis of Wharton, Graves, Haynes, Henry of Smith, Holmes, Holt, Lacy, McCormick, Mills, Murphy, Kor- vell, Pauli, Robertson of Bell, Russell of Harrison, Stockdale, Weaver, Whitehead— 29. Mr. Stockdale made tlie following rc})ort : Committee Room, ) Austin, IS^ovember 24, 1875. \ To the Hon. E. B, Pich?tt^ President of the Convention : The committee appointed under Mr. Martin's resolution, to in- vestigate the charges made by the Statesman newspaper against certain members of the Convention, beg leave to report : " That the chairman, by direction of the committee, called upon the persons named in the Statesman as having knowledge on the sub ject, and upon the editor and the proprietor of that paper, to make a statement of the facts in their knowledge in regard to said charges, to-wit: Mr. Reagan, Mr. Nugent, Sir. Wade, Gen. Whitiield, and Gen. Ross, members of this Convention, and upon Nov. 24, 1875.] CONSTITUTIONAL CONVENTION. 809 Mr. DiiPre and Mr. Cardwell, of the Statesman. Of these all liave made the statements requested, except Gen. Ross and Gen. Whitfield, which statements are herewith submitted. These statements were made npon oath. The members of the com- mittee have been so occupied with the business of a more public nature, and, as tliey deemed, of much greater public interest, ap- pertaining to their duties as members of this Convention, that they have not had time, if they had had the disposition, to make any further investigation of these charges, and none of the par- ties interested have given the committee any information of other evidence or requested any further inquiry. The gentlemen ac- cused (Messrs. Johnson, of Collin, and Russell, of Harrison) have neither of them proposed to make a statement or requested any further investigation ; nor has the committee called upon them to make any statement. Respectfully submitted, F. S. Stockdalp:, Chairman. STATEMENT OF JOHN H. REAGAN. Of my own knowledge, I know nothing of any bargain or agreement between any members of the Convention to support or to oppose any part of the suffrage article of the constitution, ur any other measure. I heard it said, in a general way, several times ; but b}^ whom, I do not remember, that there was some agreement between Mr. Johnson, of Collin, and Mr. Russell, of Harrison, that certain members were to unite to secure some action by the Convention ; but precisely what this was I did not understand. On Friday morning, being the day after the vote was taken refusing to impose a poll tax on voters, as a condition to their voting, in passing to the rear of the capitol, I found together some gentlemen, including among them General Whittiefd, Mr. Wade, and, I believe, Mr. IS^ugent, members of the Convention ; also Mr. DuPre, who, I understand, is one of the editors of the Statesman newspaper. They were conversing about the vote of the day before on the question of imposing a ])oll tax on voters. General Whitfield said he had heard from General Ross, I be- lieve, that Mr. Johnson and Mr. Russell had entered into an agreement, which it seemed to be understood was to unite their friends to defeat that measure. I understood Mr. Wade to say he heard the agreement made. (This w'as afterwards explained by Mr. Wade in the Convention to have been some days before that vote was taken.) When the above statements were made, I said if that was true, it ought to be exposed and denounced. This is all I know, or heard, or said of this matter, except 810 JOURNAL OF THE {Nov. 24, 1875. what was said afterwards in open Convention, or in general con- versations afterwards, in which the matter was referred to as a sort of joke, and in which w^hat Mr. Johnson said and did was snpposed to have been free from any improper or currupt pur- pose ; but w^as thought to have exhibited some vanity, growing out of the supposition, on his part, that he was acting as one of the leaders of the Convention. «Tohn H. Reagan. STATEMENT OF T. L. NUGENT. A few days preceding that upon which the vote was taken on what is known as the " poll tax proposition," a conversation took place at mj boarding house, betw^ecn Col. Dupree, editor of the Statesman^ Hon. H. W. Wade, member of the Convention, my- self, and others. During this conversation. Col. Dupree said that a report w^as current on the streets of Austin to the eftect that the Grangers and Republicans of the Convention had formed an alliance for mutual assistance in passing measures through the Convention. I expressed astonishment, as I had heard of no such combination, when Mr. Wade declared that there w^as some foundation for the report, and that he had heard a conversation between Mr. Johnson, of Collin county, and Mr. Eussell, of Har- rison, in which tlie former proposed to furnish Granger votes and the latter Republican votes for the purpose indicated. He further said that this conversation occurred in the hearing of several delegates. Mr. Wade's statement left the impression upon my mind that the alliance between the parties named, if not actually made, was seriously contemplated, and I at once denounced it. Mr. Wade, either during the conversation refer- red to or subsequently, stated that Mr. Russell, of Harrison, pro- posed to Mr. Johnson to reduce agreement to writing, but that Mr. Johnson declined to do this. He further stated that Mr. Brady, Republican member, asked him how the arrangement suited him, and that he told Mr. Brady that he (Wade) voted for himself, and no other man. I know nothing myself of any alli- ance or combination betw^een the Grangers and Republicans, and only propose to state the substance of the conversation which induced me to make statements in reference to it. t. l. kugent. Committee Room, )^ City of Afstin, Oct. — , 1875. )* The State of Texas, i County of Travis. \ H. W. Wade, delegate from Hunt county, after being duly sworn, says that in the latter part of September, 1875, within Nov. 24, 1875.J CONSTITUTIONAL CONVENTION. 811 the Hall of Kepresentatives, after the Convention had adjourned, I heard a conversation between delegates of Constitutional Con- vention : Mr. Johnson, of Collin county, Texas, said to Mr. Eus- sell, of Harrison county, Texas, that if he (Russell) would furnish the Republican vote in the Convention, he (Johnson) would furnish enough Grange votes to carry any measure through the Convention. Russell acceded to the proposition. I was walking the floor of the hall and not engaged in the conversation. There were several delegates present. I had understood that Johnson was a Granger and Russell a Republican. Mr. Brady (Republi- can) said to me : " Wade, how do you like the trade ? " I stated that " I voted Wade and no one else." On or about the 4th of October, 1875, about a week later, at dinner table where Col. DuPre, assistant editor of DemoGratic Statesman^ Mr. Xugent, of Erath county, and I board, Col. DuPre re- marked that it was currently rumored on the streets of Austin that the Radicals and the Grangers had formed an alliance to control the action of the Convention. I remarked that it was, perhaps true, rehearsing the conversation hereinbefore stated, except that I did not give the name, Brady. There w^ere many things said that I do not now^ remember. Nugent denounced the alliance spoken of by Col. DuPre. This w^as w^hile the question of suffrage was pending. On the morning of the 8th of October, 1875, Col. DuPre, editor, Mr. Nugent and myself, in going to the capitol, met Judge Reagan and Gen. Whitfield. I do not remember who introduced the subject of the alliance. Gen. Whitfield said it was so, and that he was going to get up in the Convention and denounce it ; that he would have done it on last Monday, but for the interposition of Gen. Ross, who requested him not to do it. Judge Reagan stated that if it was so, it ought to be denounced. Many things were said by all parties, (about poll tax and suffrage.) This is all that pertains to the alliance that I remember. [Signed,] H. W. Wade, of Hunt county. The article of the Statesman assumed to be quoted in the reso- lution ordering the investigation is not properl}^ quoted. The Statesman asked, " Does not even Whitfield know that Grangers, all except nine — we tliink that the number — in the Convention were transferred to the Radicals for a special purpose and known consideration 't Was not the district which Gen. Whitfield represents sacrificed " ? etc. This clause is only partially quoted, and the Statesman, in the resolution adopted by the Convention, is made to assert positively " that all the Grangers in the Con- vention, except nine," were sold out to radicalism. The fact 812 JOURNAL OF THE {Nov. 24, 1875. ^A■as stated liypotheticallj, as shown by tlie above extract from the Statesman of the 9th inst. About a week previous to this supposed trade or " alliance " was talked about, Colonel Cardwell told me that General Whitfield had spoken of it, and I referred to the matter at the breakfast table, where Messrs. Kugent and Wade, members of the Constitutional Convention, w^ere present. Mr. Wade said he had heard a conversation on the subject, and an agreement made between a leading Republican — Mr. Kussell, I believe — and Mr. Johnson, of Collin. The purport of it was, that the two leaders would consolidate their forces — Republicans and Grangers — and control the action of the Convention. This was four or five days before the suffrage tax question came up, and we thought that wdth special reference to this measure the alliance was effected. Mr. Wade further stated that another Granger, whose name I do not recollect, asked him if he (Wade) would become a mem- ber of the ring, or alliance. Wade answered "" no "; that he " always voted Wade, and nobody else." Mr. Nugent heard this conversation, shared in it, and denounced the conduct of parties to the alliance in unmeasured terms. On the 8th instant — some four, five or six days later than this — with Messrs. Wade and Nuo^ent, I was crossing Capitol square, and encountered Gen. Whitfield, Judge Reagan and some other members of the Convention. The subject of the Radical-Granger alliance was mentioned, and Gen. Whitfield said he had intended to denounce it on the floor of the Convention, but Gen. Ross had interposed and prevented it ; that he would denounce it that morning. I said to him that if such was his purpose I would tell in the Statesman what I had heard said about it, and I added editorially suppositions and inferences incident to such a state of facts. Judge Reagan said, in the conversation alluded to, that it was Gen. Whitfield's duty to have the facts developed, and I left them and wrote the article which is inaccurately quoted in the resolution ordering this investigation. I thought the Grangers, or a large majority of them — some- body said all but nine, as well as I recollect — had agreed with the Radicals to defeat the restriction of suffrage, and the consid- eration agreed to be given by the Radicals was supposed to be their consolidated vote and influence in behalf of a Granger for the Governor's or United States Senator's place. The matter became the talk of the town, and I heard much more, but these are the material facts. I append the article quoted from the Statesman : Nov. 24, 1875.] CONSTITUTIONAL CONVENTION. 813 ''gen. WHITFIELD, MR. REAGAN, MR. WADE AND GEN. ROSS. " Gen. Whitfield has said, very properl}^, that he was not a party to any agreement with the Radicals in the Convention. The General has also as truthfully stated, as shown in all his acts and speeches, that when he came to Austin he left his Gran- gerism with his regalia at his own home. Everybody has seen and confesses this fact. But this is not tlie question we would have the distinguished gentleman answer. The /States'nimi never said and never believed that Gen. Whitfield was involved in this trade with Radicalism ; but Gen. Whitfield believes, neverthe- less, that it was made and subsists, and was operative day before yesterday. Let him and Gen. Ross and Mr. Wade and Mr. Reagan tell what they know and believe and have mid of the conduct of other Grangers who have never denied the allega- tions of the Stattsraan. Does not Gen. AVhitfield hnow that Grangers, all except nine — we think that the number — in the Convention were transferred to the use of Radicalism for a special purpose and known consideration ? " The proceedings oi" the Convention show that Judge Reagan said in that body as he had been made a witness on the stand, he would have to testify. He read extracts from the Statesrmm, and then explained that yesterday morning, as he was w^alking in the rear of the capitol, he passed several gentlemen, among them Mr. Nugent, Mr. Wliitfield and others. A representative of one of the papers in tliis city was present, and a conversation was going on in reference to what had been charged in the Statesma'n. Some one said that Gen. Ross had stated that a bargain had been made between the Grangers and Republicans to carry certain measures. He (Mr. Reagan) then said, if such a bargain had been made, that the dignity of the Convention had been de- graded, and in duty to the country it ought to be denounced and exposed. He did not say that the bargain had been made. He denied that any one had the right to transfer the Grangers, and sell them as he pleased. He would now say what he had not said before on this floor, and what but few knew, that he w^s a Granger himself. He could not deny that an impression had been produced derogatory to the Convention, and that there was some ground for the position assumed by the Statesman, as it had been said in the presence of one of the editors of that paper that a coalition had been formed between the Grangers and Republi- cans. In the same debate Gen. Whitfield said he had but a few re- marks to make. One day, about a week since, he had a conver- sation with Gen. Ross, and was told that a gentleman had pro- 814 JOURNAL OF THE [JVov. 23, 1875. posed to Mr. Russell, of Harrison, (who is a Kepiiblican,) that if he (Russell) would give him thirteen Republican votes to control the suffrage matter, he would give him enougli votes to control other matters that might come before the Convention. He (Whitfield) became mad, good riiad^ when he heard it. AVhen he had first heard of this conversation, he had threatened to de- nounce it on the fioor of this Convention, but he was over-per- suaded not to do it, being told that Mr. Johnson, of Collin, was only joking, but he must saj it was very serious. Judo:e Reao^an, Gen. Whitfield, Mr. Wade and other i^entlemen T •I'll attest every material fact stated as an ascertained tact by the !S>tatesni.an. I was also told by some member of the Convention (perhaps it was Mr. Wade, but of this I am not sure) that when the propo- sition to make the payment of a poll tax a condition precedent to the exercise of the right of suftVage, that Mr. Johnson, of Collin, and the leader of the Radicals, were seen to congratulate each other in the the most extra vagrant manner. Sworn to and subscribed by L. J. DuPke. All I know in regard to the combination referred to in the above statement has been substantially stated in the testimony of Col. L. J. DuPre. I will state that upon the first morning that Gen. AYhitfield, and others in the Convention made public comment upon the attacks of the Statesman^ I met him (Whit- field) outside the bar of the House, when he spoke to me, in the presence of Mr. Lynch, and told me that liis remarks upon the floor of the House were nut in antagonism really to the States- ■nian^ but were made for the purpose of bringing out and expos- ing Mr. Johnson, of Collin, and he further stated that he had been satisfied for a number of days that Mr. Johnson was a party to the trade referred to, and that he would have brought the matter days before that before the Convention, had it not been that Gen. Ross remonstrated against his doing so. Mr. Lynch also expressed his belief in the combination, and said he was glad the Statesman had the courage to comment upon it. Sworn to and subscribed by John Cardwell. On motion of Mr. Russell, of Harrison, the whole subject was laid on the table. Mr. West offered the following resolution : Eesolved^ That the resolution lieretofore adopted by this body, to adjourn sine die at 5 o'clock p. m. this day, be and the same is hereby rescinded. Adopted. Nov. 24, 1875.J CONSTITUTIONAL CONVENTION. 815 [Mr. Brown in the chair.] Mr. Rentfro offered the following resolution : Resolved^ That the thanks of this Convention, and of the mem- bers thereof, be tendered to the Hon. E. B. Pickett, President, for the efficient and impartial manner in which he has discharged the duties incumbent upon him as presiding officer of this body, and that in retiring from his said position, he bears with him our best wishes for his future prosperity and happiness. Unanimously ado^)ted. Mr. Flournoy offered the following resolutions : Whereas, the officers of this Convention have labored atten- tively and assiduously in the discharge of their respective duties ; and Whekeas, they received no mileage and no extra compensa- tion for night service during the session ; therefore. Resolved., that this Convention give them mileage, on return to their respective homes, being only half the mileage allowed to delegates ; and that the Secretary be empowered to issue war- rants on the Treasurer for such mileage, according to the mileage schedule adopted for the benefit of delegates to this Convention. Adopted by the following vote : Yeas — Mr. President, Abernathy, Abner, Arnim, Brad}', Burleson, Davis of Wharton, DeMorse, Fleming, Flournoy, Ford, Henry of Smith, Kilgore, King, Lockett, McCabe, Mills, Mitchell, Murphy, Pauli, Reynolds, Pussell of Harrison, Spikes, Stockdale, Wade, Weaver, West, Wright — 28. Nats — Allison, Barnett, Blassingame, Chambers, Cook of Gonzales, Davis of Brazos, Dillard, Dohoney, Graves, Haynes, Holmes, Holt, Johnson of Collin, Lacy, McCormick, McKinney of Denton, Martin of Navarro, Martin of Hunt, Moore, Norvell, Nunn, Bentfro, Bobertson of Bell, Robison of Fayette, Scott, Whitehead, Whitfield— 27. Mr. Russell, of Harrison, offered the following resolution : Resolved^ that the thanks of this Convention are tendered Capt. F. Yoight, in consideration of services rendered in deco- rating the hall of the Convention. Adopted. Mr. Kilo^ore offered the follow! no- resolution : Resolved^ that the thanks of this Convention are hereby ten- dered to Temp. Houston and Lafayette Fitzhugh, Pages of the Convention, for the faithful and efficient manner in which they have discharged the duties incumbent on them. Adopted. Mr. Cook, of Gonzales, offered the following resolution : 816 JOURNAL OF THE [JVov. 24, 1875. Resolved^ that the sum of fourteen dollars and sixty-eight cents ($14 68) be apj3ropriated to pay the balance due A¥. F. Bengener, for repairs on the capitol, as per bill annexed, and that the Comptroller is hereby authorized to issne his warrant for said amount. Mr. Brady asked leave to introduce a resolution. Refused, by the following vote : Yeas — Abernathy, Brown, Cline, Cook of Gonzales, Davis of Wharton, DeMorse, Lockett, [Martin of Navarro, Murphy, Norvell, Nunn, Pauli, Reynolds, Russell of Harrison, Smith, JStockdale, Whitehead — 17. ^AYS — Arnim, Barnett, Blake, Blassingame, Bruce, Burleson, Chambers, Cook of San Saba, Duhoney, Fleming, Graves, Haynes, Henry of Limestone, Henry of Smith, Holmes, Holt, Killough, King, Lacy, McCormick, McKinney of Walker, Nugent, Robison of Fayette, Scott, Sessions, Spikes, Wade, West, Wright — 29. The Secretary then proceeded to read the constitution as an entirety, as adopted by the Convention. Mr. Murphy moved to adjourn to 7 o'clock. Lost. Mr. Flournoy moved to reconsider the vote adopting the reso- lution giving half mileage to officers. Carried, and by leave Mr. Flournoy withdrew the resolution. Mr. Brown made the following report : Committee Room, \ Austin, November 24, 1875. f To the Hon. E. B. Plokett^ President of tJie Convention : The Committee of the Convention on Style and Arrangement, having carefully examined the entire constitution and all the ordinances of the Convention, as enrolled, find them correctly enrolled and prepared for authentication by the signatures of the President, Secretary and members of the Convention. John Henky Brown, Chairman. Wm. p. Ballingp:k, F. 8. Stockdale, Wm. H. Stewart, Wm. Neal Ramey. Mr. Ramey reported as follows : Committee Room, I Austin, November 23, 1875. ( 7\) tlte Hon. E. B. Pickett., President of the Convention : Sir — Your Committee on Engrossed and Enrolled Ordinance^ Nov. 24, 1875.] CONSTITUTIONAL CONVENTION. 817 would respectfiilly report to your honorable body that they have examined and compared '' Article — , Municipal Corporations," " Article — , Private Corporations," and " Article — , Impeach- ment Address," and find the same correctly engrossed. Wm. Keal Ramey, Chairman. Committee Room, ) Austin, November 24, J 875. \ To the Hon. E. B. Pickett^ President of the Convention : SiR^ — Your Committee on Engrossed and Enrolled Ordinances would respectfully report that they have examined and com- pared the new constitution, embracing the following articles and accompanying ordinances, to wit : Preamble. Article I. Bill of Rights. Article II. Division of the Powers of Government. Article III. Legislative Department. Article lY. Executive Department. Article Y. Judicial Department. Article YI. Suffrage. Article YII. Education. Article YIII. Taxation and Revenue. Article IX. Counties. Article X. Railroads. Article XL Municipal Corporations. Article XII. Private Corporations. Article XIII. Spanish and Mexican Land Titles. Article XIY. Public Lands and Land Office. Article XY. Impeachment. Article XYL General Provisions. Article XYII. Mode of Amending Constitution. 1. An ordinance submitting the constitution for ratification and other purposes. 2. An ordinance supplementary to the ordinance submitting the constitution for ratification and other purposes. 3. An ordinance dividing the State of Texas into senatorial and representative districts. 4. An ordinance dividing the State of Texas into judicial districts. 5. An ordinance fixing the times of holding the District Courts in the different counties in the State. 6. An ordinance in relation to railroads. T. An ordinance defining the effect of ordinances. And find the same correctly enrolled. Yours respectfully, Wm. Neal Ramey, Chairman. 818 JOUPvNAL OF THE \Nov. 24, 1875. [The President resumed the chair,] The constitution having been read througli, Mr. Nugent offered the following amendment: In ''Article — , Judicial Districts," strike out section 14 and insert : "Sec. 14. The judicial districts in this State, and the time of holding the courts therein, are fixed by ordinance, forming part of this constitution, until otherwise provided by law.'' Adopted . The constitution then passed by the following vote: Yeas — Abernathy, Allison, Arnim, Barnett, Blassinganie, Browil, Bruce, Burleson, Chambers, Cook of Gonzales, Cooke of San Saba, Darnell, Davis of Brazos, DeMorse, Dillard, Dohoney, Ferris, Fleming, Flournoy, Ford, German, Graves, Haynes, Henry of Limestone, Henry of Smith, Holmes, Holt, Johnson of Collin, Johnson of Franklin, Kilgore, Killough, King, Lacy, McCormick, McKinney of Denton, McKinney of Walker, Martin of Hunt, Moore, Norvell, Nugent, Nunn, Kamey, Rob- ertson of Bell, liobison of Fayette, Ross, Scott, Sessions, Spikes, Stockdale, Wade, Weaver, Whitehead, Wright — 53. Nays — Ballinger, Brady, Cline, Cooley, Lockett, Mitchell, Murphy, Reutfro, Reynolds, Smith, West, 'Whitfield— 11. Mr. Stockdale offered the following resolution : Jicsolved, that the Governor be authorized and requested, im- mediately upon the adjournment of this Convention, to issue his proclamation for the elections contemplated by "An ordinance submitting the new constitution to a vote of the people, and for other purposes," passed by this Convention on the 22d day of November, A. D. 1875, and "An ordinance supplemental there- to," passed on the 23d day of November, 1875 ; and that said election be holden in the manner prescribed in said ordinance and sup})lement, and by such ofiicers as are authorized by law to hold general elections under existing laws. Adopted. Mr. Stockdale offered the following resolution : Resolved^ that, instead of the number heretofore provided, there shall be published five thousand copies of the constitution in the German language. Adopted. Mr. Ballinger submitted the following protest : Nov. 24, 1875.J CONSTITUTIONx\L CONVENTION. 810 To the Hon. E. B. Pickett^ President <}f the Gonventiou : I make my respectful i)rotest ao;ainst the provisions of the constitution reg'iilatin.2; the salaries and terms of executive and judicial otilcers, and a«jainst the election of judicial officers. The short terms of office, to be filled by p^jpiilar elections, will convert the State into a great ])artisan electioneering camp, in which office-seeking will act on the public morals of the ])eople, and the interests and passions of the ])eople will react on the standard and conduct of officers of evil tendencies, in my judg- ment, to the character and destinies of this great State. The salaries are not such as ought to be given to our State officers. If the eliect should not be, as I believe it will, to prevent manv men ot the highest qualihcations from holding otlice who would be the choice of the people, if considerations of patriotism and public duty should be adequate motives to induce them to accept of office, I have still the strong, undoubting conviction that public services will be obtained by the State at hard, stinting, insufficient salaries, which are not honorable or just on the part of this great State. W. P. Ballingek, Delegate from Galveston County. Mr. C(jok, of Gonzales, rej)orted as follows : CoMMrnEE Room, ] Austin, November 24, 1875. \ To the Hon. E. B. Pickett^ President of the Convention : Your Committee on Printiiig and Contingent Expenses ask to make the following supplemental report of the contingent ex- penses of the Convention. W. D. S. Cook, Chairman. Nov. 23 — Amount of J. D. Logan ct Co.'s bill, print- ing, etc .^ 200 00 Amount of J. D. Logan ^fe Co.'s bill, print- ing, etc 207 50 Bill of J. A. Nagle, for stationery 67 75 Nov. 24 — Printing 25,000 copies of address 250 00 Printing 500 copies ordinance providing tor the election, and four daj^s Evening Nenos. 75 00 J. A. Nagle, for stationery 22 .00 A. S. Roberts, for candles 8 40 Ice from November 1 to November 13 10 00 Cai-ried forward $840 65 820 JOURNAL OF THE {Nov. 24, 1875. Brought forward $840 65 Postage stamps, etc 99 71 Austin Gas Company for gas 100 20 $1040 56 Ainuiiut of expenses previously reported .... 4174 50 Total contingent expenses .$5215 06 Mr. Flournoj moved that the Secretary of State be requested to furnish a certified copy of the constitution to the committee at Galveston, to compare the same with the proof-sheet of the printer. Adopted. The delegates present then came forward and signed the en- rolled copy of the constitution. Mr. Ford offered the following resolution : Resolved^ That the thanks of this Convention are hereby ten- dered to the clergy of Austin, wlio have generously served as chaphiins free of charge. Adopted. Mr. Ford olfered the following resolution : Resolved.^ That the assistant secretaries of the Convention be allowed twenty-five dollars extra pay for services rendered dur- ing night sessions. Adopted. Mr. AVest olfered the following resolution : Resolved^ That the Secretary of State be requested to employ a sufficient number of clerks to furnish a certified copy of the constitution at the earliest possible moment, and that the sum of one hundred dollars, or so much thereof as may be necessary, •be appropriated out of the fund appropriated to pay the expenses of this Convention, to pay for said work, to be drawn upon the certificate of the Secretary of S^ate that the holder of the certifi- cate has performed the work charged for. Adopted. Messrs. E-eynolds and McC^abe submitted the following report : Whereas, Sundr^^ papers of this State have, early in the session of this honorable body, asserted that the Hepublicans, and especially the colored members of this Conv^ention, have been controlled in their action by the member from Grimes county, Hon. J. S. Mills ; and Whereas, Such assertions are untrue, unjust and nnfair, and reflects much to the discredit of the colored members of this honorable body, etc. Nov. 24, 1875.] CONSTITUTIONAL CONVENTION. 821 We, therefore, enter this oiir protest against the same, and ask in justice to ourselves and the public, that this our protest be entered upon the journals of this Convention, etc. W. Reynolds, L. 11. McCabe. Mr. Stockdale moved to adjourn i^hie die. The President said : Gentlemen of the Convention : I thank you for the expression of coulideuce and good will contained in the resolution adopted by the Convention. I will say, and need say, but a few words in reply. Our labors are finished. The work we were sent here to do is now ready to be committed to the people for their approval or disapproval. I will not now review the Organic Act we have made ; to you it would be needless, for you made it, and know what it contains. The people will examine it for them- selves. But I may be permitted to express the hope and the conviction that the constitution we have framed will be found suited to the condition of this great young State, and not unsuited to its expanding and promising future. If such should be the case we need have no fears that our work will not meet the approval of those who sent us here. Your labors have been earnest and arduous, but they have been harmonious and agreeable to a degree almost without par- allel. This should be cause for mutual congratulation. I will only add, we are about to separate, to return to our re- spective homes and constituencies, and you must allow me to say to each and all of you that you will carry with you my best wishes for your prosperity and happiness. I do now declare this Constitutional Convention adjourned nine die. Approved : E. B. Pickett, President of the Convention. Attest : Leigh Chalmees, Secretary. Iliq^DEX A PAGE Apportionment, legislative (see ordinances). Appropriations, tabular statement of 46 Apportionment, judicial 52, 70 Abstract of patented lands to be filed 54 Attorney General to furnish a list of cases in courts of the State. . . .100, 129 Asylum, inebriate, to create 106 Appeals, right of, etc 118 Agricultural and Mechanical College 134 Assessors and collectors in incorporated towns 1B9 Assessment, to establish board of 141 Arbitration 152, 265 Article, legislative department. (See legislative department.) Assessors and collectors, to elect 191 Agricultural implements in use exempt from taxation 193 Adjutant General to furnish certain information 196, 247, 266 Article, executive. (See executive department.) Article, suffrage. (See suffrage.) 237 Article, education. (See education.) Article, public lands and land office. (See public lands, etc.) Article, bill of rights. (See bill of rights.) Address of the president 5, 821 Article to regulate the residence of convicts to the penitentiary, after re- leased 313 Adjournment si?ie die 334, 425, 608, 752, 814 Article, railroads 376, 431, 452, 455, 571, 605, 616, 621, 796 Article, revenue and taxation. See taxation.) 378 Article, judicial department. (See judicial department.) Address to the people 514 Article, general provisions. (See general provisions.) Article, powers of government 661, 745, 749 Article, Spanish and Mexican land titles 675, 732, 734, 749, 767 Article, counties and county lands 677, 733, 739, 742 Article, municipal corporations 693, 790, 792, 817 Article, private corporations 715, 785, 787, 794, 796, 819 Article, impeachment 770, 776, 793, 817 B Bills that have passed the Legislature to be presented to the governor, etc 44, 105 Bribery, concerning 81 Board of equalization. (See equalization.) Bill of rights 118, 270, 328, 837, 346, 349, 352, 390, 434 Bohemian language, to print constitution in. (See constitution.) Boundaries 216 Bureau of immigration. (See immigration.) 11. INDEX. PAGE Baker, Charles, relative to bounty warrant No. 3692. Bonds of the State sold during the administration of Governors Davis and Coke 500, 572 c -— -r- r -- - ~r-^ (^ "■'■ Committee on printing..,......'...^..;.: .........;........ 8 Committee to report number and designation of standing committees 8, 9 Committee on rules and order, to appoint 8 Chaplain 9 Committees, standing 13, 15 Constitution of 1845, as a basis 26, 33, 77, 148 Committee on mileage 28 Counties, to establish new 38, 43 Constitution of U. S., to make or amend 42 Corporations, private to pay for act of incorporation 43 Constables, to be elected 47 Contingent expenses... 51, 748, 849 Counties, prohibited from contracting debt 51 Courts, County.... .57, 60, 135, 146 Courts, Justices' .". . . . .". 58 Constitution of U.S., to amend... 58 Courts, Appelate.. ..;...... 64 County School Lands, (see schools) Congress, no member of this Convention to be eligible to, within one year after adoption of this constitution. 85 Corporations, concerning 86, 134 Courts, Criminal 100 Costs of Suit 102 Courts, District : 102, 146 Certificates, land barred to be revived. 155 Courts, to be open to all ..120 Certificates, land, declared void by Republic of Texas 124 Corporation Tax, to limit 135 Courts, County, members not to pass on their own fees 140 Court, Supreme 140, 146 Capitol, to repair 141, 150 Clerks, County 143, 153 Constitutional Convention, mode of calling 145 Constitution, mode of amending 145 Constitution, new, to print in Spanish, 174, 215 Commissioner Land Office, to furnish information 174, 215, 135^ 493 Commissioner Land Office, to furnish maps 189 Cardis, Lewis, sworn in 190 Clerk, committee to elect 201, 266 Constitution, to print in Bohemian language 216, 281 Census, to take in 1885.. 224 Coulter, D. R, communication from 270 Cities, on the Coast, to aid in coast improvements. 281 County Lands 327 Comptroller, communication from 499 Capital Fair Association, invitation to visit ; 619, 633 Counties, article on, (see- Article, counties) Capitol Building, to set a«ide three million acres of l-ajnd, to erect...... 527, 638 699, 746, 749 ■ ■ • D • .■■•'••/,,_ Duelling, a disqualification for office... ............,.....;.... .....,..\....,..V4* 48 Drunkenness, a disqualification for office .,..'.. , 48 INDEX. 111. PAGK Divorces, concerning 65 Digest of Laws 91 Districts, supreme, to divide the State into, etc 106, 185 Doorkeeper, assistant, to elect 107, 109 Debt, public 141, 187 Damages, recoverable for felonies 186 Drunkenness 1 87 Defaulters 288 Debts contracted two years after the adoption of this constitution not to be collected bylaw :303, 328, 371 Dunnam, A. J. C, resignation of 625, 631 Elections, general, cost of 28, 77 Ex post facto laws prohibited 60 Education, public, to provide a system of 63 Escheats 79 Equalization of assessments 86, 107, 139 Electors 92, 123, 142 Elections 120, 135 Exemption from public duty, no person to be, except by general law 124 Elections by incorporations 188 Executive Department. 228, 283, 290, 326, 371 Education, article on 243, 291, 314, 317, 318, 325, 328, 335, 337, 339 Election of members of the Legislature, to suspend the law ordering in December, 1875 26, 176, 194, 196, 197, 200, 222 Evidence in cases of land frauds 314, 320 Farming, fencing, and stock raising 31 Fish, to protect 51 Felony, concerning 91 Franchises, concerning 92 Frontier .....101, 107, 222, 227, 228, 281, 802 FaiTQS, county 144 Felonies, actionable for damages Fences, local laws concerning 189, 198, 202, 283 Female suffrage. (See suffrage.) <3r Governor, communication from 12 Geologist, State, to abolish 34, 149 Goddin sworn in ^....35 Goddin, resignation of 69 Goddin, to fill vacancy of 99, 106, 100 Gambling a disqualification for ofllce ,48 Grand juries, presentments by, to be certerfied by magistrates, etc 52 Gambling, to prohibit 148 Galveston, city of, to issue bonds 201 Governor to furnish information about the sale of bonds, etc 500 General provisions, article, 553, 569, 620, 637, 683, 685, 699, 709, 733, 741, 776 H Homesteads 28, 54, 82, 133 Habeas corpus, concerning 31, 34, 85, 144 Houses of correction 143 Henderson, Nat. Q., resolution to pay 279, 282 IV. INDEX. PAGE Hizlewood, I. G. communication from 299 " Holy Alliance " 321, 326, 808 I Interest, legal rate of : 29, 30, 42, 46 Interest, to regulate 32, 46, 223 Ice, to furnish., 29 Imprisonment for debt, prohibitinc: 44 Immigration bureau T. 44, 240, 275, 288, 300, 401 Impeachment 313, 320, 770, 776 Immigration 401, 424, 501, 510,531,571 Juries, to be impauueled in certain cases 31, 122 Juries, petit, concerning 31, 63, 61, 65, 81, 84, 122, 191 Judges of courts, to be appointed 32, 117, 146 Judges to be elected 33, 53, 185 Judges, special, to appoint 47, 122 Judges of courts prohibited from holding any other office 47 Judrcial tribunals, to detine power of, to punish for contempt 52 Jurors, qualifications of 62, 86, 135 Justices' precincts to divide counties into 64, 186 Justices of peace, to enlarge jurisdiction of 91, 116, 185 Judges of courts not to become active participants in political affairs 94 Judtcial department.... 95 Judges of District Courts, qualification and sal ary 102 Judges of District Courts, failing to hold court, lawyers in attendance on court may elect a judge 103 Journal of convention, to publish 152, 170 Judges of District Courts removed from office 193 Judges of courts to forfeit one-fourth of salary in certain cases 265 Judtcial department, 406, 455, 456, 510, 541, 542. 561, 562, 565, 621, 632, 433, 638, 662, 678, 706, 730, 748. Judicial apportionment. (See ordinances.) Lands to be taxed and taxes paid in counties where situated. . . .31, 79, 80, 82 Legislature, concerning sessions of 31, 46, 49, 54 Legislature, organization of Lindsay, Judge I. M., telegram from 35, 45 Land claims declared null by the constitution of the Republic and State to remain so Land olfice to be at the seat of government 50 Land certificates genuine to soldiers, settlers and colonists, how located, and wiien to becom_e void 50 Lotteries, to prohibit 51, 65, 139 Land certificates, genuine, to be revived * 57, 115 Land office to be made self-sustaining 63 Lands granted to railroads, and forfeited 70 Local option 8, 455 Lands to be sold for taxes 82 Legislature to have no right to extend time of contract to railroads, etc.. .85 Liquors, sale of, prohibited near schools 118 Land certificates declared void by Republic of Texas 124 Laws no special to be enacted when a general law can be made appli- cable 139 Liquor law 103 Laws not to be suspended, except , 144 INDEX. -v: PAGE Legislative deparlmcDt. . . .154, 194, 197, 300, 203, 317, 325, 243, 302, 267, 275, 282, 330, 357, 384, 449, 503. Lands, public and land office, (See public lands.) Langston, J., letter from 380 Lands to be reserved for railroads in Western Texas 343, 344, 434, 503 Land office.. ..263, 357, 361, 370, 438, 447, 529, 620. 626, 631, 632. 634, 655, 792 M Mileage 822, 24, 28, 34, 43, 66, 85 Malversation, malfeasance, etc 29 Ministers of tlie gospel not to be members of the Legislature 55, 81 Murphy, J. B., sworn in 69 Members of Legislature not to vote on measures in which interested.. ... 84 Mexican land grants. (See Article, S. L. T. ) 94; 103, 733 Militia 187 Ministers of gospel not to serve in militia .187 Members of Legislature, number of and terms of office 188 Marriages between white and black races prohibited 188 Members of Convention absent for more than four daj's without excuse, seats to be declared vacant 190, 194 Mechanical implements exempt from taxation 193 Maps, secretary to procure 366 Maps, Commissioner of General Land Office to furnish 189 Military companies to be exempt from jury service 370 Ministerial Association of Austin, communication from president of 9 McDonald, communication from 280 McKinney, A. T. , sworn in as delegate 287 Municipal corporations. (See Article, Municipal Corporations.) IST Night sessions 491, 620, 631, 638, 726 o Oath of office .' 40, 48, 80, 140, 375 Oath to be administered to delegates 4 Officers of the Convention 7, 8, 10, 22 Officers, State and county, to elect by the people 33, 54, 124, 139 Officers, failing to pay over revenue collected, etc 51 Official qualifications 48 Organization of Convention 2, 4, 5, 6, 7, 8 Ordinance postponing general election of December, 1875, etc 26, 176 194, 196, 197, 200, 233 Ordinance to exempt sufferers from the late storm from the tax of 1875.. 240, 380, 365, 367 Ordinance on Legislative apportionment 33, 35, 41, 470, 471, 479, 561, 570, 633, 736, 739 Ordinance submitting new constitution to a vote of the people, etc 487, 771, 786 Ordinance to declare the law to encourage the construction of ditches and canals void 503, 788 Ordinance for the relief of the Texas and Pacific Railroad 684, 695, 708, 716 Ordinance on qualified suffrage 697, 698, 785 Ordinance, judicial apportionment 737, 765, 787 Ordinance concerning railroads 735, 749, 751 Ordinance fixing terms of District Courts 754, 766, 786 Ordinance requiring all ordinances to be ratified by the people before operative 768, 769, 787 VI. INDEX. PAGE Ordinance, supplemental to the election ordinance 780, 789 Ordinance providing for the election of a Collector of Taxes 784, 787, 789, 808 Ordinance concerning the Board of Equalization... 799 Ordinance concerning DeKalb College 800 Ordinance requesting the Governor to issue his election proclamation for elections under the new constitution 818 Per diem 8, 22, 24, 201 Printing 25, 50, 64, 78, 108, 170, 534 Paschal's Digest, to furnish 26 Papers, to take twenty copies of 27, 36, 37, 116, 151 Property, separate of wife , 28, 42, 241 Preamble 32, 42, 61, 117 Petition on sanitary regulations 37 Penitentiary, to inquire into management of . 39, 49, 170 Private corporations to pay for incorpation 43, 112 Passes on railroads not to be given to officers 44 Petition of Pryor Lea on subject of unsatisfied land certificates 50 Per diem of legislators 54 Petition on suifrage 70, 199 Petition on usury 70 Public roads 42, 77, 84, 115 Property of railroads to be taxed where situated 79 Protest, by members of the Legislature 91 Property, private not to be taken for public use, etc 103 Personal rights 118 Petition of J. H. Hutchins and Alfred Grooms 122, 787 Petition of T. R. Orenbaum 122 Porter for State Library, to appoint 124 Public property of counties, cities and towns exempt from forced sale 124 Postage for delegates 136, 151 Petition of L. G. Lincecum 149, 450 Petition of heirs of Vener 149 Petition of Texas Medical Association , 170 Patents on forged assignments to be void 188 Petition of Pryor Lea 190 Printing presses and materials exempt from taxation 193 Petition of citizens of Georgetown 193, 199, 202 Petition of heirs of W. A. Smith 195, 290 Petition of bar of Cass county 195 Petition of Charles Montague 195 Petition of Aldermen of city of Sherman 196 Petition of citizens of Wilson county 198, 200, 288 Petition of Thompson M. J. S. Weldy and others 214 Petition of citizens of Longview ! 215 Petition of bar of Longview 228 Petition of L. K. Tarver and others 228 Petition of citizens of Bastrop , 228 Pages, to increase pay of 241, 266, 360 Public lands and land office 263 Petition of S. T. Foster 270 President's address 5 Petition of S. G. W. Hiatt 280 Pardoning power, concerning 282 Petition of citizens of Harrison, Gregg, Cass and Bowie counties 288 Petition of citizens of Lampasas 312 Petition of citizens of Denison 312 INDEX. "^11- PAGE Penitentiary, to regulate residence of convicts "oi'q'So Powers of government, division of ^^^' ^;;;" Petition of W. B. Scate t^\ Petition of citizens of Grimes county o'r'0'%90 Petition of Gustave Cook ^•^^' "^^^ Petition of bar of Limestone county Petition of physicians of Harrison county Petition of E. A. Blount Jos Petition of citizens of Walker county ^|^ Petition of McAlpin Dugold ^g° Petition of Paris bar r^nn \oQ Petition of citizens of Brazoria county ^J^' J"^ Petition of citizens of Sherman •• ^""' ^^° Petition of Patrons of Husbandry of Hunt county ouo Petition of citizens of Hidalgo county ....• •• TnVuV^,^' Petition of mayor and aldermen of Galveston and the officers of Galves- ton county r-4H Petition of citizens of Hamilton county ^'^^ Public free schools. (See schools.) Petition of citizens of Dallas ..•• ^.,^ Petition of citizens of Dallas county (o4) •• • "^^ Private corporations. (See article, private corporations.) ^^^ Protest by Murphy -ig^ Protest by West and others ^^.^ Protest by Stockdale and others ^^g Protest by DeMorse gQ2 Protest by West ^^^ Protest by Ballinger o.^-. Protest by Reynolds and McCabe °~" 280, 364 Rangers, relating to paying ..;... Railroads. oq Railroads, regulating go Railroad charters, concerning Railroads to be taxed on gross receipts yy •••••• -o" Slroads to accept provitions of this constitution, or ^'^ ^'^^^^^^^ ^^^^^^ 83 RailroIds^LelisfatS^^ time to construct. . . .85 Sailrnads to regulate charge of freisxht and passengers .93, 184 Soafs'not'rpass witfin three^uiles of a town without passing .^^ through, etc T • J-* * 1 144 Railroads, Legislature to grant no subsidies to ..-. • • • - • • • • • • 1^ Railroads in Western Texas, to reserve lands for. . .116, 264, 270, 34., d44 Railroads, article on, reported, (se^ Article, railroads) 3^b Religious opinion, no disqualification Road tax, to suspend collection of -^ Road tax in incorporated towns Rugeley, E. S. , resignation of ;••.'•.••••;•;■ V 'i' ' * ; 1 Resolution, by Ferris, oath to be administered to delegates. .4 Rp^^nbition bv Flournoy, relation to Governor s communication. ....... ..lo ISesof oMeJ. . . . .. 16, 27, 199, 203, 213, 241, 283, 305, 323, 326, 334, 464, 501,637,646. . o. Resolution to appoint committee on mileage ~-* Sution, by Martin, of Navarro, Sergeant-at-Arms to P^-^^-^^e ^'^^^^^ 2^ ResoM^Ty'^CrSrd,' S^^^^^^^ Resolution, by McCormick, to procure stationery and postage. .^b Vlll. INDEX. PAGE Resolution, by Ramey, making the constitution of 1845 basis of action of the Convention 26 Resolution, by McLean, to require all patented lands to be assessed at not less than one dollar per acre, etc 37 Resolution, by Stockdale, amending rules 27 Resolution, by Russell, of Harrison, to hold one session per day 27 Resolution, by Fleming, to take twenty copies of newspapers. 27 Resolution, by West, as to the number of registered voters, and cost of a general election 28 Resolution, by Darnell, relative to separate property of wives 28 Resolution, by Darnell, on subject of homesteads 28 Resolution, bj'- Darnell, on subject of legal rate of interest .29 Resolution, by Lynch, relative to suffrage 29 Resolution, by Mills, to furnish ice 29 Resolution, by Johnson, of Franklin, prohibiting the Legislature from granting anything of value to corporations or individuals 29 Resolution, by Moore, relative to county school lands 29 Resolution, by Wade, relative to venality, malversation, malfeasance, etc... 29 Resolution, by Fleming, relative to rate of interest 30 Resolution, by Fleming, railroads to keep an office in the State, etc. 30 Resolution, by Nugent, concerning juries 31 Resolution, by Nugent, concerning petit juries 31 Resolution, by Nugent, concerning habeas corpus. 31 Resolution, by Haynes, concerning fencing, farming, etc 31 Resolution, by Ross, concerning taxes on lands 31 Resolution, by Nunn, concerning session of Legislature 31 Resolution, by Robertson, of Bell, concerning interest 33 Resolution, by McCormick, on preamble 33 Resolution, by Cook, of Gonzales, concerning press reporters 33 Resolution, by Dohoney, concerning press reporters 33 Resolution, by Rugele}'-, to appoint judges of the Supreme and District Courts 33 Resolution, by Flournoy, concerning toll and wharfage 33 Resolution, by Holt, to elect judges by people 33 Resolution, by Sansom, making constitution of 1845 basis 33 Resolution, by Nunn, to elect all officers by the people 33 Resolution, by Allison, on legislative apportionment ,33 Resolution, by Holmes, prohibiting counties or towns from granting aid to railroads, etc 33 Resolution, by Haynes, concerning the Legislature 33 Resolution, by Russell, of Harrison, concerning taxation 33 Resolution, by Ljmch, to abolish State Geologist 34 Resolution, by Stayton, concerning mileage 34 Resolution, by Wade, concerning civil and religious liberty, habeas cor- pus, etc 34 Resolution, by Russell, of Harrison, regulating taxation 37 Resolution, by Martin, of Navarro, about subscribing for papers 37 Resolution, by McLean, to subscribe for the Gazette. 37 Resolution, by Stockdale, concerning establishment of new counties 38 Resolution, b}-- McCormick, concernilig penitentiary 39 Resolution, by DeMorse, submitting five sections to the constitution 39 Resolution, by Brown, concerning official oath 40 Resolution, by Brown, concerning suffrage .40 Rosolution, by Brown, prohibiting any one person from holding more than one office at the same time 41 Resolution, by Brown, concerning pay of teachers 41 Resolution, by DeMorse, relative to legislative apportionment 41 Resolution, by Wade, to make a new constitution for U. S 43 Resolution, by Sansom, relative to separate property of wife 4.3 INDEX. IX. PAGE Resolution by Sansom, State to fix value of property exempt from tax 42 Resolution by Sansom, regulating interest 42 Resolution by Abernathy, preamble , 42 Resolution by Abernathy, no tax to keep up roads 42 Resolution by Robertson, of Bell, corporators to pay for act of incorporation 43 Resolution by McLean, concerning establishment of new counties 43 Resolution by Ramey, concerning mileage 48 Resolution by Johnson, of Franklin, prohibiting counties and towns from aiding corporations or becoming stockholders 48 Resolution by "Whitehead, to abolish Immigration Bureau 44 Resolution of Russell, of Harrison, concerning bills passed by the Leg islature 44 Resolution by Russell, of Harrison, no imprisonment for debt 44 Resolution by Fleming, prohibiting railroads from giving passes to officers 44 Resolution b}^ Weaver, on subject of public schools 45 Resolution of Martin, of Hunt, relative to session of the Legislature 46 Resolution by Ferris, relative to interest, 40 Resolution by Nugent, Legislature to prepare a tabular statement of appropriations • • • • 40 Resolution by Russell, of Harrison, no person to be disqualified for re- ligious opinions 47 Resolution by Ross, to appoint special judges 47 Resolution by Holmes, concerning magistrates and constables and County Courts 47 Resolution by McCormick, prohibiting judges from holding any other office, etc 47 Resolution by Pauli, State and county taxes to be collected in lawful money, etc 48 Resolution by Dohoney, official qualifications 48 Resolution by German, members of the House, of Representatives, how chosen, terms of office, etc 49 Resolution by West, land claims declared null by the constitution of the Republic and State to remain so 49 Resolution by West, relating to Land Office 50 Resolution by Robertson, of Bell, concerning genuine land certificates issued to soldiers, settlers and colonists. .7 50 Resolution by Robertson, of Bell, relative to stenographer 50 Resolution by Cook, of Gonzales, relative to contingent expenses 51 Resolution by West, Sergeant-at-arms to furnish water 51 Resolution by Abernathy, to protect fish 51 Resolution by Burleson, prohibiting counties from contracting debts 51 Resolution by Burleson, making it a felony for an officer to fail to pay over revenue when collected 51 Resolution by Graves, prohibiting lotteries. . . 51 Resolution by Fleming, judicial apportionment 52 Resolution by Nunn, to define by law powers of judicial tribunals to punish for contempt, etc 52 Resolution by King, no act of the Legislature to take effect until 90 days after adjournment of the Legislature, etc '. . . . 52 Resolution by Holmes, relative to presentments by grand juries, etc 52 Resolution by Chambers, relative to public school lands 58 Resolution by Sansom, restricting suffrage to those who pay tax, etc 58 Resolution by Robertson of Bell, relative to electing judges and fixing salaries 53 Resolution by Robertson of Bell, to elect all officers by the people, the meeting of the Legislature, pay of members, prohibited from granting anything of value to coi-porations, etc 54 Resolution by Barnett, requiring Legislature to provide for filling ab- stract of titles, and payment of taxes on patented lands 54 X. INDEX. PAGE Resolution by Flournoy, relative to homestead exemptions 54 Resolution by McCormick, prohibiting ministers of gospel from holding political offices 55 Resolution by Erhard, relative to public schools 55 Resolution by Brown, re-validating genuine land certificates .57 Resolution by Brown, relative to County Courts 57 Resolution by Brown, relative to Justices' Courts 58 Resolution b}'- Brown, to amend the constitution of the United States 58 Resolution by West, declaring members of the Legislature ineligible to the Senate of the United States, or any office created by them- selves, etc 59 Resolution by West, relative to ex post facto laws 60 Resolution by Weaver, relative to County Courts 60 Resolution by Crawford, relative to school fund 60 Resolution by Rugeley, touching qualification of jurors 62 Resolution by Brady, relative to right of trial by jury; to drawing money from treasmy for religious institutions; freedom of speech and the press ; libel, and excessive bail 62 Resolution by Brad}?-, relative to railroad charters 62 Resolution by Ferris, to make Land Office self-sustaining 63 Resolution by Flanagan, that no person elected or appointed to a federal office shall be eligible to any office under this constitution during term of office 68 Resolution by Rentfro, relative to trial bj'^ jury 63 Resolution 1)}'^ DeMorse, providing a system of education 63 Resolution by Robison of Faj'ette, to divide counties into justices' pre- cincts 65 Resolution ])y Crawford, relative to printing 64 . Resolution by Waelder, relative to appellate courts 64 Resolution by Holt, denying juries the right to commute punishment 61 Resolution by Kilgore, "preamble " 61 Resolution by Kilgore, qualifying electors ■ 61 Resolution by McCormick, declaring the Governor, Lieut. Governor and members of the Legislature ineligible to seats in Congress for five years after termination of term of office 61 Resolution by Ballinger, relative to trial by jury 65 Resolution by Ha)rnes, concerning divorces 65 Resolution hj Haynes, concerning lotteries 65 Resolution by Dohoney, to appoint committee on ordinances 65 Resolution by Arnim, concerning county school lands 65 Resolution by Darnell, concerning lands granted to railroads, and for- feited by them 70 Resolution by Reagan, on subject of escheats, etc 79 Resolution by Reagan, on subject of land titles 79 Resolution by Wade, on the subject of public schools 79 Resolution by Johnson of Collin, to tax property of railroads in county where situated ". 79 Resolution by Johnson of Collin, requiring taxes on land to be paid in county where the land lies 80 Resolution by DeMorse, oath of office 80 Resolution by Johnson of Franklin, local option 80 Resolution by Morris, to tax railroads on their gross receipts 80 Resolution by Lynch, on common school fund 80 Resolution by Abernathy, prohibiting ministers of the gospel from being- elected to Legislature 81 Resolution by Martin of Navarro, concerning bribery 81 Resolution, by Henry, of Smith, on homesteads .82 Resolution, by Rentfro, declaring any member of the Convention ineligi- ble to any office created b}"^ it for tAvelve months after its adoption, .82 INDEX. XI. 1 PAGE Resolution, by Graves, to elect assistant door-keeper 82 Resolution, by Fleming, taxes on lands to be paid in county where situ- ated, and providing for sale of lands for taxes 82 Resolution, by McCormick, no railroad to have relief that fails or refuses to accept the provisions of this constitution 88 Resolution, by McKinney, of Denton, relative to county and school lands 84 Resolution, l>y Robison, of Fayette, to suspend collection of road tax 84 Resolution, by Martin, prohibiting members of the Legislature from voting for measures in which they are interested, etc 84 Resolution concerning money raised to support schools. Resolution, b}"^ Gaither, limiting petit juries to six 84 Resolution, by Kilgore, writ of habeas corpus not to be suspended, etc. . . .85 Resolution, by McLean, no member of this Convention to be eligible to Congress within one year after adoption of this constitution 85 Resolution, by Holmes, Legislature to have no right to extend time of contract to railroads or other cor]>orations 85 Resolution, by Whitfield, Superintendent of Public Instruction to fur- nish scholastic population 85 Resolution, by Gennan, prohibiting the Legislature from extending time for construction of internal improvements 85 Resolution, by Russell of Harrison, creating Board of Equalization for property 86 Resolution, by Cook, of Gonzales, no. one to sit as a juror in felony cases, who is under indictment, or has been tried for a similar offence. . . .8(5 Resolution, by Pauli, relative to Sunda}^ law ' 8(> Resolution, by Brown, relative to corporations 86* Resolution, by Brown, relative to railroads 88 Resolution, b}" Robertson, of Bell, relative to salaries of State officers 90 Resolution, by Russell, of Harrison, to publish notice of forced sales 91 Resolution, by Wade, to provide for digest of laws 91 Resolution, by Douglas, relative to right of protest by members of Legis- lature r 91 Resolution, by Allison, relative to felony, and enlarging jurisdiction of justices of the peace 91 Resolution, by Moore, no privileges, immunities or franchises to be granted that are not subject to the control of the sovereignty of the people 92 Resolution, by Ferris, concerning taxation 92 Resolution, by Brady, touching qualitication of electors 92 Resolution, by Rentfro, who shall be eligible to office 98 Resolution, by Flournoy, relative to charges by railroads for freight and passengers 98 Resolution, by Ford, to prohibit judges from participating actively in political discussions, etc 94 Resolution, by Norvell, judicial department 95 Resolution, by Brady, to fill vacancy of Goddin 99 Resolution, by Brown, no railroad to pass within three miles of a town without passing through, etc 100 Resolution, by Brown, taxes on lands in unorganized counties to be as- sessed and collected by Comptroller 100 Resolution, by Haynes, producer to pay no license tax on articles pro- duced 100 Resolution, by Gaither, concernieg Criminal Courts 100 Resolution, by Nunn, calling on Attorney General for number and kind of cases in courts of the State 100 Resolution, by Fleming, relative to salaries of officers 101 Resolution, by West, relative to Indian and Mexican frontier 101 3 Xll. INDEX. PAGE Kesolutiou, b}' Johnson, of Collin, concerning riglit of entry into real estate..... 102 Resolution, by Russell, of Harrison, relative to salary and qualifications ■ of District Judges 102 Resolution, by DeMorse, relative to cost of suits in courts 102 Resolution, by Waelder, relative to terms of District Courts 102 Resolution, b}' Dolioney, " liqiior law " 103 Resolution, b}' Flourno}^ relative to land claims originating from Coa- liuila and Texas 103 Resolution, b}- Kilgore, private property not to be taken for public use without just compensation, etc 103 Resolution, by Ballinger, to elect a judge of the District Court by law- 3Trs of said court, when judge fails to hold court, etc 103 Resolution, bj^ Smith, relative to a State University 104 Resolution, bv Kilgore, relative to the course of bills which have passed the Legislature before becoming laws i05 Resolution, by Waelder, to divide the State into Supreme districts, etc. . .106 Resolution, by Holmes, to create an Inebriate Asylum 106 Resolution, by Cooley, authorizing the State to borrow money, to repel attacks by Indians or foreigners, etc 106 Resolution, Iw German, to set apart university fund for school fund 107 Resolution, b}^ Martin, of Hunt, to ascertain amount expended to pro- tect the frontier by this State 107 Resolution, b}^ Martin, of Hunt, to establish Board of Equalization 107 Resolution, by Weaver, no member or officer of this Convention to hold office for live years after the adoption of this constitution 107 Resolution, by McCormick, relative to working roads 115 Resolution, by Russell, of Harrison, reviving land titles by or on the 1st of January, 1875, under present constitution 115 Resolution, by Pauli, concerning Justices of the Peace . . .116 Resolution, by Rentfro, preamble 117 Resolution, by Rentfro, relative to religious rights 118 Resolution, by Rentfro, relative to State rights 118 Resolution, by Robertson, of Bell, relative to selling liquor in vicinity of schools ; to the right of appeal, and to occupation and income tax 118 Resolution, by Robertson, of Bell, natural rights 118 Resolution, by Erhard, relative to a State University 119 Resolution, by Flournoy, exempting certain wages from garnishment. . . .120 Resolution, by Reynolds, on elections 120 Resolution, by Reynolds, courts to be open to every one, etc 120 Resolution, by Lockett, relating to public free schools 123 Resolution, by Lockett, relating to suffrage 123 Resolution, by Robertson, of Bell, relating to land titles declared void by the constitution of the Republic of Texas 124 Resolution, by Darnell, to elect State officers by people 124 Resolution, by Whitfield, to appoint porter for library 124 Resolution, by West, no person shall be exempt from public duty, except by general law 124 Resolution, by Bailinger, exempting i)roperty of counties, cities and town, held for public use, from forc(;d sale 124 Resolution, by Davis, of Brazos, relative to homestead 133 Resolution, by Davis, of Brazos, relative to salaries of officers 133 Resolution, by Davis, of Brazos, relative to corporations 134 Resolution, by Davis, of Brazos, relative to State University and Agri- cultural and Mechanical College 134 Resolution, by Russell, of Wood, limiting corporation tax on fresh meat, vegetal )les, poult ry, etc 135 INDEX. xm. PAGE Resolution, by Ramey, conceiiiiiig Count y Courts lo.") Resolution, by Mills, qujilitied electors to l)e qualified jurors .1'55 Resolution, by Wade, relative to postage for delegates lo5 Resolution, by Morris, public free schools lofi Resolution, by Robertson of Bell, relative to sale of lands for taxes, and county officers, etc HV.) Resolution, by Norvell, relative to Statute of Limitations 189 Resolution, by DeMorse, prohibiting lotteries 189 Resolution, by Erhard, relative to suffrage in towns and cities, and as- sessors and collectors in same lo9 Resolution, by Reagan, prohibiting meml)ers of County Courts from passing on questions in relation to their fees 14 Resolution, by DeMorse, relative to nepotism 140 Resolution, by Ferris, relative to Supreme Court 140 Resolution, by Pauli, establishing a Board of Assessment 141 Resolution, by Russell, of Harrison, public debt 141 Resolution by Sansom, no civil officer not provided for in this constitu- tion shall be created by the Legislature 141 Resolution, by Kilgore, to repair Capitol. 141 Resolution, by Waelder, on suffrage and qualification of electors 143 Resolution, by Cline, relative to free schools 142 Resolution, by Erhard, fixing salaries of sheriffs and county clerks 148 Resolution, by Stayton, relating to houses of correction and county farms 148 Resolution, by German, prohibiting grants to railroads 144 Resolution, by Stockdale, no laws to be suspended, except, etc. ; Jiabeas corpus not to be suspended 144 Resolution, by Waelder, mode of calling Constitutional Convention, and amending the constitution 1 45 Resolution, by Cline, relative to Supreme and District Courts 14() Resolution, by Murphy, relative to change of venue 147 Resolution, by Cline, to protect agriculture and stock raising 147 Resolution, by McCormick, relative to itemized tax bills 147 Resolution, by Johnson, of Franklin, to prohibit gambling 14S Resolution, by Whitfield, to publish the journal 152 Resolution, by Burleson, to provide for collecting back taxes 152 Resolution, by Scott, relative to arbitration 152 Resolution, by Brown, no person to be prosecuted for acts done between January, 1861, and August, 1866 153 Resolution, by Ramey, concerning County Clerks 158 Resolution, by Mills, relative to reduction of salaries 1 74 Resolution, by Ford, to print new constitution in Spanish 174 Besolution, by Robertson, of Bell, calling on Commissioner of General Land Office for tabular statements of lands, etc y. .174 Resolution, by Flournoy, relating to charges by railroads for freight and passengers ... 184 Resolution, by Johnson, of Collin, increasing jurisdiction of Justices of the Peace 185 Resolution, by Johnson, of Collin, relative to school law and officers un- der it 185 Resolution, by Whitfield, relative to Supreme and District Courts and judges thereof 185 Resolution, by Holmes, making felonies actionable for damages 186 Resolution, by Ramey, relating to Justices of the Peace Resolution, by Waelder, limitation against the State, etc. .186 Resolution, by Brown, prohibiting officers from officiating in court while intoxicated, etc., etc 186 Resolution, by Murphy, relative to militia 187 Resolution, by McLean, prohibiting creation of State debt 187 XIV. INDEX. PAGE Resolution, 1)y West, relative to elections by Corporations 188 Resolution, by West, relative to number of members of Legislature, and their terms of office Resolution, by McCormick, patents on forged assignments to be void 188 Resolution, by McCormick, proliilntiug marriages between black and white races 188 Resolution, by Dohoney, concerning fences 189 Resolution, by Sansom, Governor to appoint surveyors 189 Resolution, by Stockdale, requiring the Commissioner of the General Land Office to furnish maps 189 Resolution, by Wade, to declare vacant seats of delegates absent for more than four days without excuse 190 Resolution, by Nunn, on the subject of education 190 Resolution, by Erhard, to make defaulters felons, and nine jurors to de- cide cases 191 Resolution, by Wright, restricting county tax 191 Resolution, by Weaver, female suffrage 191 Resolution, by Burleson, to consider the right to compel non-resident owners of continuous inter- State lines of communication to pay taxes to this State 192 Resolution, by Mr. Robertson of Bell, to exempt all agricultural and me- chanical implements in use on farms, also printing presses, etc., from taxation 193 Resolution, by Allison, to remove Judges of District Courts 193 Resolution, by Cooley, granting land to settlers 196 Resolution, by Martin of Hunt, calling on the Adjutant General for cer- tain information 196 Resolution, by Brown, requiring the President of the Convention to in- form the Governor of the passage of the ordinance postponing election 198 Resolution, by Flournoy, relative to sessions of Convention 201 Resolution, by Ballinger, to authorize city of Galveston to issue bonds to build break- water, etc 201 Resolution, by Brady, to elect a committee clerk 201 Resolution, by Brown, to amend the rules .213 Resolution, by Russell, of Wood, prohil)iting the Attorney General from employing attorneys or clerical force 216 Resolution, by Moore, to print the constitution in the Bohemian lan- guage 216 Resolution, by Brown, on boundaries of State 216 Resolution, by Dohoney, relating to the frontier 222 Resolution, by Brown, to reserve lands for settlers, and to exempt them from taxation 224 Resolution, by Brady, providing for taking census in 1885 224 Resolution, ])y Russell, of Harrison, ordinance to exempt sufferers from the gulf storms from tax of 1875 240 Resolution, by Erhard, providing for Bureau of Immigration 240 Resolution, l)y Kilgore, to increase pay of pages 241 Resolution, by Erhard, relating to separate property of the wife 241 Resolution, by Stay ton, to reserve lands for railroads in Western Texas. .264 Resolution, l)y Wade, civil suits to be tried by the courts or arbitrated within one year after end of appearance term, etc 265 Resolution, by Nunn, concerning Adjutant General's report 265 Resolution, by Rentfro, to have the Secretary procure maps 266 Resolution, by Murphy, exempting military companies from jury service 270 Resolution, by Dohoney, to pay N. Q. Henderson twenty-five dollars, for services rendered 279 INDEX. XV. PAGE Resolution, by Cardis, to exempt frontier people from taxation - -281 Resolution, by Ballinger, to grant land to aid coast towns and cities to improve the coast, etc 281 Resolution, by Erliard, relating to the pardoning power 283 Resolution, by Russell, of Wood, concerning the collection of debts 303 Resolution, by McKinney, of Wharton, to regulate residence of convicts to the penitentiary 313 Resolution, by Brown, relating to evidence in cases of land frauds, etc. . .314 Resolution, by Martin, of Navarro, concerning rebates and drawbacks in freight, w^harfage, storage, etc 317 Resolution, by Martin, of Navarro, to inquire into charges by the Demo- cratic Statesman 321 Resolution, by Waelder, prohibiting cities and towms from levying a higher occupation tax than the State 328 Resolution, by Ramey, counties to be authorized to establish and main- tain public roads 335 Resolution, by King, requiring the Legislature to make provision for calling out the militia, to protect the State 335 Resolution, by Ballinger, to fill vacancy caused 1)y resignation of Rugeley 339 Resolution, by Russell, of Harrison, against the coolie trade, etc 340 Resolution, by Erhard, against Sunday law 340 Resolution, by Gait her, on the subject of limitations 351 Resolution, by German, no corporation to issue bonds, except for value received 852 Resolution, by Flournoy, on the subject of champerty, maintenance, etc. .352 Resolution, by Morris, all qualified voters who can hear, speak, read and write the language of the court to be competent jurors 360 Resolution, by Flournoy, to validate patents heretofore issued upon loca- tions in Peters' Colony and Mississippi and Pacific Reservations. . .361 Resolution, by Flanagan, that the Sergeant-at-arms furnish fuel for Con- vention 369 Resolution, by Allison, titles to land acquired from Spain, Mexico or Co- ahuila and Texas shall be recorded in county where land lies, etc. . .369 Resolution, by Erhard, requesting the Governor to convene the Legis- lature 369 Resolution, by Weaver, to collect and keep historical records, etc. , of Texas 370 Resolution, by Wright, on the subject of border league land titles 394 Resolution, by Ford, Legislature to create office of Commissioner of In- surance, Statistics and History 395 Resolution, by Haynes, to make Joseph Junker do the enrolling and engrossing 401 Resolution, by Holt, on qualified suffrage 406 Resolution, by Dohoney, the Legislature to provide for a Bureau of Agri- culture, etc , 406 Resolution, by Abernathy, on weights and measures 428 Resolution, by McLean, relative to slander or libel, etc 450 Resolution, by McLean, relative to pensions for surviving Texans of the Mexican revolution '. 450 Resolution, by McCormick, on the subject of bureau of health and vital statistics 463 Resolution, by Cook of Gonzales, to pay the State Gazette for furnishing papers, etc 463 Resolution, by Mills, no deed to be recorded unless accompanied by tax receipt 464 Resolution, by Russell of AVood, requesting certain information from the Commissioner of the General Land Oflice 464 Xvi. INDEX. PAGE Resolution, hy Burleson, on the subject of old Spanish land titles 478 Resolution, by Johnson, of Franklin, requiring the publication in news- papers notices of judicial sales, etc 478 Resolution, l)y Russell, of Wood, requesting the Comptroller to furnish information about money borrowed by railroads 478 Resolution, by Kilgore, to pay the Democratic Statesman for papers fur- nished 478 Resolution, by Jolmson, of Collin, to hold night sessions 491 Resolution, by McLean, prohibiting towns, cities and counties from con- tracting debt, except those on the coasts, under certain circum- stances 492 Resolution, by Martin, of Navarro, to punish officers for speculating or improperly using public money 492 Resolution, b}^ Martin, of Hunt, the Legislature to create no office, ex- cept provided for in the new constitution 500 Resolution, by Gaither, to appoint a committee to prepare an addi-ess setting forth the leading features of the new constitution 500 Resolution, by Johnson, of Franklin, the Legislature to provide through the Agricultural and Mechanical College for collecting statistics, etc. . .500 Resolution, by West, calling on the Governor to furnish certain informa- tion relative to the sale of bonds during his and the Davis admin- istration 500 Resolution, by McCormick, to sit with closed doors 502 Resolution, b}^ Burleson, to require all claimants to ancient land grants to pay all taxes to date, before commencing suit 502 Resolution, by Weaver, to refund the school tax 509 Resolution, by Moore, to elect a county treasurer 510 Resolution, by AVright, granting use of the Hall to Bishop Pierce to hold divine service 512 Resolution, by Norvell, to rescind contract with J. D. Logan for print- ing 516 Resolution, by McKinney, of Denton, to elect county surveyors 516 Resolution, by Fleming, to set aside land to build a Capitol State House, Resolution, by Sansoni, for the State to take care of indigent lunatics. . . .534 Resolution, by McKinney, of Denton, to make prosecutor pay cost in malicious prosecution 535 Resolution, liy Ferris, the Legislature may make new counties, etc 535 Resolution, by Mills, to exempt wages of laborers from garnishment. . . .535 Resolution, by Ramey, to regulate the treatment of prisoners, etc 541 Resolution, l)y Darnell, concerning the Texas and Pacific Railroad 607 Resolution, by Russell, of Wood, to endow two State Universities 619 Resolution, by Robertson, of Bell, requiring the Legislature to make no contract with any railroad, by which said road, shall comply with the same in less than fifty years 638 Resolution, by Stewart, the Legislature to provide for assessing and col- lecting a school tax 638 Resolution, l)y Ramey, to employ assistant engrossing and em'olling clerks 683 Resolution, by Kilgore, granting the use of the Hall to Miss Nettie Power Houston • 741 Resolution, by Cook, of Gonzales, to publish the constitution in the news- papers of the Slate 748 Resolution, by jVIills, of thanks to the President of the United States 751 Resolution, by Ramey, to pay N, Q. Henderson 752 Resolution, by Cook, of Gonzales, relative to distributing and printing the constitution and jourmil 752 Resolution, by Brown, concerning J. H. Reagan 776 Resolution, by Wade, appointing Flournoy, Ballinger and Stewart to correct proof of constitution, when printed 780 INDEX. XVll. PAGE Resolutiou, by Flanagan, on the death of Henry Wilson, Vice President of U. S 789 Resolution, by Brown, to have 500 copies of election ordinance printed in bill form 792 Resolution, b}- Norvell, relative to addressing judges out of office 790 Resolution, b}" by Brown, relative to signing^tiie constitution 799 Resolution, by Brown, to print and distribute 20,000 additional copies of the constitution and ordinances 800 Resolution, by Brown, recommending to future Legislatures the printing and distribution of the general laws, etc 800 Resolution, by Graves, to give extra pay to Enrolling and Engrossing Clerk \ ?. . .808 Resolution, by Rentfro, of thanks to the President 815 Resolution, by Flournoy, to give the officers mileage 815, 81fi Resolution, b}^ Russell, of Harrison, of thanks to Capt. P. Voight 8 5 Resolution, by Kilgore, of thanks to the pages " 815 Resolution, by Cook, of Gcmzales, to pay W. F. Benginer 815 Resolution, by Stockdale, to increase the number of constitutions to be printed in German 818 Resolution, b}- Ford, of thanks to the clergy of Austin 820 Resolution, by Ford, of extra pay to assistant clerks 820 Resolution, by West, requesting the Secretary of State to emplo}^ suffi- cient force on the copy of constitution ". 820 s Seats, to draw for 8, 14 Suffrage, to limit to poll tax payers 29, 61, 190, 406, 428 School lands, county 29, 65, 84, 128, 368, 894' 483 Suffrage, who shall exercise right of 40 92 Schools, pul)lic, 45, 55, 79, 80, 119, 128, 186, 142, 395, 510, 511, 516, 523, 608 Stenographer 50, 100, 108, 125 School lands, pul)lie 53, 128 Suffrage, restricting 58, 189, 142^ 176 School fund .60, 107, 143 School fund, not to be appropriated to sectarian schools 84 Superintendent of Public Instruction to furnish scholastic population and amount of money distributed, etc 85, 113 Sunday law , 86 Salaries of State officers 90, 101, 118, 183, 174 Sales, forced, to publish 91 Spanish titles 94, 103, 675 Statute of limitations 139^ 186 Sheriffs '.14:^ Superintendent of Public Instruction 149, 340 School law, to revise, etc 185 Surveyors, Governor to appoint 189 Suffrage, female 191, 196, 280 Settlers, to grant lands to. . 196, 224 Secretary of State to furnish registered vote of State 201, 369 Spanish language, to print constitution in (see constitution.) Secretary of State to furnish certain information 431, 352 Suffrage, article on 237, 314, 322, 331, 875*, 383 Separate property of wife, (see Property.) Smith, heirs of W. A 195, 290, 305, 364 Statesman, Democratic, to inquire into charges made by 321, 326, 808 Sanitary regulations 170, 323, 324, 328, 371, 462, 463 Stewart, W. H, , sworn in 522 XVm. INDEX. PA&E T Toll and wliarf age 32 Towns and counties, to prevent, giving aid to railroads, etc 33, 48 Taxation to be equal and uniform, and no occupation 33 Taxation, to regulate 37 Teachers, concerning pay of 41, 401 Taxes, State and county, to be collected in lawful money 48 Titles to land, concerning 79 Tax, road, to suspend collection of 84 Taxation, concerning .92 Taxes on land in unorganized counties to be paid, etc. , at Comptroller's •ffice 100 Tax on produce in bands of producer 100 Tax, income and occupation 118 Tax, corporation, to limit 135 Tax bills, to itemize. Taxes, back, to collect 153, 216 Taxes, county, to limit 191 Taxes, by non-resident owners of continuous lines of inter-State com- munication 192 Taxation and revenue 378, 404, 422, 431, 450, 454, 464, 485, 489, 492, 495, 508, 509, 524, 527, 529, 536, 608. Texas and Pacific railroad 607, 619, 684 u University, State 104, 119, 134, 149, 691, 776, 781, 789 V Vote, registered, of the State, to ascertain 28, 70, 201 Venue, change of, etc 147 Verdict of nine jurors to be sufficient 191 Veterans of Texas, Mexican war. 450, 514 Water, Sergeant-at-Arms to furnish 51 Wages, certain exempted from garnishment 120 Wife's separate property. (See property.) Y Youngblood, M., comniunicution from 299