Mr. Maxwell moved to reconsider the vote by which House bill No. 673 was passed, and to table the motion to reconsider. The motion to table prevailed. On motion of Mr. McFarland, the regular order of business was suspended to take up and place on its second reading. House bill No. 348, a bill to be entitled "An act to prescribe the method of making publication of all notices and advertisements which are required to be published by the Civil Statutes of the State of Texas, and of notices of all sale of real and personal property under deeds of trust and contract liens of any sort," With majority favorable report with amendment and minority adverse report thereon. The bill was laid before the House, and was read second time. Mr. Dean moved to substitute the minority report for the port. (Speaker in the chair.) Pending consideration, majority re Humphrey. Jones. Kimbell. Kirk. AFTERNOON SESSION. The House was called to order by the Speaker at 3 o'clock p. m. Pending question, House bill No. 348, on its second reading, with motion of Mr. Dean to adopt the adverse minority report in lieu of the favorable majority report with amendment pending. On motion of Mr. Feild, the House at 12:45 p. m. took recess until 3 p. m. to-day. GRANTED LEAVE OF ABSENCE: ence thereto, making appropriations Mr. Wilcox until Wednesday, on motion of Mr. Wood. Mr. Vaughan of Guadalupe until Wednesday, on motion of Mr. Thomp son. Mr. Evans of Grayson for to-day, on motion of Mr. Shropshire. On account of sickness: Mr. Fisher for to-day, on motion of Mr. Brewster. BILLS INTRODUCED. By Mr. Turner: House bill No. 707, a bill to be entitled "An act to provide for the purchase of public lands in quantities of five acres or less, situated on islands, by actual settlers, who have settled on and placed valuable improvements thereon, in good faith, or to the heirs or legal representatives, prior to the first day of January, 1895, and prescribing the price, terms, manner and time of such purchase. Read first time and referred to the Committee on Public Lands and Land Office. By Mr. Barber (by request): House bill No. 708, a bill to be entitled "An act to extend for the period of two years from the first day of March, 1897, the time in which certain purchasers of timber on school lands in this State may remove the timber from said lands. Read first time and referred to the Committee on Public Lands and Land Office. By Mr. Garrison: House bill No. 709, a bill to be entitled "An act to impose a tax on all persons, firms, associations of persons or corporations selling cigarettes in this State, and to prescribe the time and manner of collecting same." Read first time and referred to the Committee on Revenue and Taxation. COMMITTEE REPORTS. By Mr. McGaughey, chairman: Committee Room, Austin, Texas, May 3, 1897. Hon. L. T. Dashiell, Speaker of the House: Your Committee on Education, to whom was referred Senate bill No. 258, a bill to be entitled "An act to empower the State Board of Education to procure, for use in the public free schools of the State of Texas, a series of uniform text-books; defining the duties of certain officers therein named with refer therefor, defining certain misdemeanors, providing penalties for the violation of the provisions of this act, and declaring an emergency," Have had the same under consideration, and I am instructed to report the same back to the House with the recommendation that it do pass. MCGAUGHEY, Chairman. By Mr. Brewster, acting chairman: Committee Room, Austin, Texas, May 3, 1897. Hon. L. T. Dashiell, Speaker of the House. Your Committee on Engrossed Bills have carefully examined and compared House bill No. 673, a bill to be entitled "An act to authorize the Houston and Texas Central Railroad Company to purchase and operate the railway extending from near Bremond to Ross and from Ross to Albany, and to regulate reports of such properties." And find the same correctly engrossed. BREWSTER, Acting Chairman. SENATE MESSAGE. Senate Chamber, Austin, Texas, May 3, 1897. Hon. L. T. Dashiell, Speaker of the House. I am instructed by the Senate to inform the House that the Senate has passed the following bills: House bill No. 539, "An act making an appropriation for deficiencies in the appropriations heretofore made for the payment of expenses for the support of the State government from March 1, 1895, to February 28, 1897, and for previous years." With amendments, and by a twothirds vote: ayes 21, noes none. House bill No. 456, entitled "An act to amend subdivision 13, article 22, of title 4, of the Revised Civil Statutes of Texas, changing and fixing the time of holding courts in the Thirteenth Judicial District of Texas." By the following vote: ayes 21, noes Doyle. Evans of Hunt. McKamy. McKellar. Melton. Mercer. Morton. Oliver. Peery. Reiger. Reubell. Rogan. Savage. Schlick. Shropshire. Skillern. thereof, and their captions had been Crowley. SPEAKER'S TABLE. The Speaker laid before the House the request of the Senate for a free conference committee to adjust the differences between the two houses on Senate bill No. 83, known as the Wayland fee bill. The request was granted. (Mr. Bailey in the chair.) Returning to consideration of House bill No. 348, on its second reading, Mr. Freeman moved the previous question, and the main question was ordered. Question first recurred on the motion of Mr. Dean to adopt the adverse minority report in lieu of the favorable majority report. Yeas and nays were demanded by Mr. Dean, Mr. Stamper and Mr. Barbee. Lost by the following vote: Hill of Gonzales. Logan. Manson. Ayers. Gilbough. Graham. Green. Smith. Smyth. Strother. Thompson. Tracy. Turner. Vaughan of Collin Williams. Wolters. Wood. Absent. O'Connor. Pitts. Robbins. Rogers. Staples. Holland of Harris. Welch. Vaughan, Gua'lupe Evans of Grayson, Wilcox. Mr. Blackburn, who was suspended last Friday, at the close of the roll call rose in his seat and asked to have his vote recorded. The Speaker ruled that he could not vote. Mr. Blair raised the point of order that the vote of Mr. Blackburn should be recorded. Overruled by the Chair. Mr. Blair appealed from the ruling of the Chair, seconded by Mr. Wolters. On the appeal yeas and nays were demanded by Mr. Blair, Mr. Wolters and Mr. Rudd. Mr. Blackburn then rose in his seat and stated that, on last Thursday, when the call of the House was moved and seconded, he went into the office of the Sergeant-at-Arms, that the out- Carpenter. McKellar. Mercer. Moore of Lamar. Shelburne. Stokes. Holland of Burnet. Thomas. Whereupon, Mr. Rogan moved that Mr. Blackburn, upon his statement Logan. here made, be excused and reinstated, Lotto. and that his statement be accepted and his rights as a member of this House fully restored. The motion of Mr. Rogan prevailed, and Mr. Blackburn was reinstated. Question next recurring on engrossment of House bill No. 348, the committee amendment was adopted. Mr. Dean offered the following amendment to the bill: mend by inserting between "Texas" and "such," in line 14, section 1, the words "of the sale of real estate except in cases of sale under order of foreclosure of a vendor's lien." Mr. McFarland moved to table the amendment, upon which yeas and nays were demanded by Mr. Dean, Mr. Randolph and Mr. Moore of Lamar. Tabled by the following vote: Yeas-17. Love. Ayers. Tucker. Turner. Wall. Wallace. Wood. Absent. Evans of Hunt. Bell. Benson. Boyd. Neighbors. Rogers. Smyth. Vaughan of Collin. Browne. Meade. Burney. Callan. Morris. Mr. McFarland offered the following amendment: Amend by adding section 5, as follows: "Whereas, the end of this session is approaching, and the calendar is so crowded that this bill will hardly be reached in its regular order, and the fact that there is now no law requiring proper advertisement of judicial sales in this State, an imperative public necessity and an emergency exists that the constitutional rule requiring bills to be read on three several days be suspended, and that this act take effect and be in force from and after its passage, and it is so enacted." Adopted. Mr. Lillard offered the following amendment: Amend section 3, line 28, by striking out "long primer" and insert the word "brevier." (Mr. Seabury in the chair.) The amendment was adopted. Mr. Crawford offered the following amendment: Beaird. Nays-5. Tracy. Wood. Absent. Mundine. Amend section 3, lines 23 and 24, by Crawford. striking out the words "seventy-five" Savage. where they occur, and insert in lieu thereof "forty," and strike out, in line 24, the words "fifty cents" and insert Ayers. in lieu thereof "twenty-five cents." Mr. Randolph offered the following substitute for the amendment: Amend section 3, line 23, by striking out after the words "shall be" the words "seventy-five" and insert the words "fifty" in lieu thereof; amend line 24 of section 3, by striking out after the word "and" the word "fifty," and in sert in lieu thereof the words "twenty-five." and On the substitute by Mr. Randolph, Bailey. Blair. Neighbors. Pitts. Smyth. Staples. Excused. Gilbough. Moore of Lamar. Morton. O'Connor. Oliver. Peery. Reubell. Robbins. Rogan. Rogers. Rudd. Schlick. Seabury. Shropshire. Dies. Dorroh. The amendment as substituted was adopted. Mr. Maxwell offered the following amendment: Amend by striking out, in line 21, page 1, the words "or personal," and change caption to conform thereto. Mr. Dean offered the following substitute for the amendment: Amend by striking out all after the word "real," line 21, section 2, and insert the following: "estate; provided, that neither the advertisement of sale of real estate in cases of foreclosure of vendor's lien nor of personal property shall be required under the provisions of this act." Mr. McFarland moved the previous question, and the main question was ordered. On the substitute yeas and nays were demanded by Mr. Dean, Mr. Barbee and Mr. Randolph. Adopted by the following vote: Skillern. Graham. Smith. Harris. Stamper. Alexander. Hensley. Stokes. Barbee. Yeas-46. Edwards. vans of Hunt. |