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same back to the House with the rec- have carefully examined and ommendation that it do not pass. pared

WARD, Chairman.

By Mr. Williams, chairman:

Committee Room,

Austin, Texas, Jan. 29, 1897.

Hon. L. T. Dashiell, Speaker of the
House.

Your Committee on Internal Improvements, to whom was referred

House bill No. 163, a bill to be entitled "An act to amend section 5, article 4574, chapter 13, of an act entitled Railroad Commission of the State of Texas, Revised Statutes, page 917, relating to freight and passenger transportation on railroads."

Have had the same under considera

com

House bill No. 38, a bill to be entitled "An act to amend article 887 of title 10 of the Code of Criminal Procedure of the State of Texas, prescribing the form of a recognizance in appeals of cases of misdemeanor, and repeal all laws and parts of laws in conflict herewith."

And find the same correctly engrossed.

DIES, Chairman. Committee Room,

Austin, Texas, Jan. 29, 1897. Hon. L. T. Dashiell, Speaker of the Your Committee on Engrossed Bills

House.

tion, and I am instructed to report the have carefully examined and com

same back to the House with the recommendation that it do not pass.

WILLIAMS, Chairman.

By Mr. Curry, chairman:

Committee Room,

Austin, Texas, Jan. 27, 1897. Hon. L. T. Dashiell, Speaker of the House.

Your Committee on Revenue and Taxation, to whom was referred

House bill No. 193, a bill to be entitled "An act to provide additional revenue for the compensation of jurors." Have had same under consideration

pared

House bill No. 54, a bill to be entitled "An act to amend article 338 of the Penal Code of the State of Texas, adopted A. D. 1895, so as to fix the penalty for unlawfully carrying arms, at a fine of not less than $25 nor more than $200,"

And find the same correctly engrossed.

DIES, Chairman. MESSAGE FROM THE SENATE.

Senate Chamber.

Austin, Texas, Jan. 29, 1897.

and beg leave to refer same to Judi- Hon. L. T. Dashiell, Speaker of the ciary Committee No. 1, and said bill

is so referred.

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Your Committee on Engrossed Bills have carefully examined and compared

House bill No. 82, a bill to be entitled "An act to amend article 878, title

17, chapter 9, of the Penal Code of the State of Texas, and to make the receiving or concealing of stolen property a criminal offense, and to provide appropriate penalties for said offense, and to repeal all laws and parts of laws in conflict with the provisions of

this act."

And find the same correctly engrossed.

DIES, Chairman.
Committee Room,

Austin, Texas, Jan. 27, 1897.
Hon. L. T. Dashiell, Speaker of the
House.

House.

Sir: I am instructed by the Senate to inform the House that the Senate has passed the following bills:

Senate bill No. 14, a bill to be entitled "An act to amend articles 4978, 4983, 4986, 4987, 4990, 4991, 4992, 4993, and 4996 of title CII. chapter 5. Revised Civil Statutes of Texas, relating to the preventing of the running at large of certain animals in counties and subdivisions thereof."

Senate bill No. 15, a bill to be enti

tled "An act to amend article 2601, chapter 6, title 51, of the Revised Civil Statutes of the State of Texas, relating to bonds of guardians and sureties

thereon."

Senate bill No. 32, a bill to be enti

tled "An act to amend chapter 4, title

7. of the Code of Criminal Procedure of the State of Texas, by adding thereto article 524a, providing for the issuance of attachments for witnesses residing in the county of the prosecution when such witness is about to remove therefrom."

Senate bill No. 39. a bill to be entitled "An act to amend article 353, and Your Committee on Engrossed Bills repeal articles 354, 355, 356, 357, 358,

of title X, chapter 3, of the Penal Code of the State of Texas, in regard to adultery and fornication."

Senate bill No. 16, a bill to be entitled "An act to amend article 1942, chapter 8, title 39, of the Revised Civil Statutes of the State of Texas of 1895, relating to bonds of administrators and executors and sureties thereon." House bill No. 3, "An act making an appropriation to pay mileage and per diem of presidential electors of Texas," by the following vote: Ayes 26,

(Mr. Fields in the chair.)
After consideration,

Mr. Rogers moved the previous question, which was seconded, and the main question was ordered.

Yeas and nays were demanded by Mr. Smith, Mr. Kirk and Mr. Burney. The resolution was adopted by the following vote:

Alexander.
Bailey.
Barrett.

nays none.
Also, that the following members Bennett.
from the Senate have been appointed Benson.
on Joint Committee on Judicial Dis- Bertram.
tricts: Dibrell, Beall, Yantis, Tillett, Bird.
Linn of Wharton, Stafford, Terrell.
Respectfully,

WILL LAMBERT, Secretary.

SENATE BILLS ON FIRST READ

ING.

The following bills, received from the Senate, were read first time and referred as follows:

Senate bills Nos. 14, 15 and 16, to Judiciary Committee No. 1.

Senate bills Nos. 32 and 39, to Judicairy Committee No. 2.

On request of Mr. Carpenter, chairman, further time was granted the Committee on State Affairs for consideration of the following bills: House bills Nos. 111, 118, 122.

On motion of Mr. Rogers, House joint resolutions Nos. 2 and 13, reported adversely, were recommitted for further consideration.

TABLED SUBJECT TO CALL. Mr. McGaughey, by unanimous consent, called up House bill No. 81, which was on yesterday made a special order for to-night, and moved to lay it on the table subject to call. The motion prevailed.

SPEAKER'S TABLE.

The Speaker laid before the House, on its second reading, the following resolution, which was read first time yesterday, and went over under the rules:

Blair.

Bounds.

Brewster.

Boyd.

Burney.

Burns.
Carswell.

Childs.
Conoly.
Crawford.
Curry.
Dennis.

Dickinson.
Doyle.
Drew.
Edwards.

Yeas-79.

Martin.
McFarland.
McKellar.

Meade.
Mercer.

Moore, Fort Bend.
Moore of Lamar.
Morton.
Mundine.
Neighbors.

O'Connor.
Patterson.

Peery.
Pitts.
Randolph.
Reubell.

Rhea.

Rogan.

Rogers.
Rudd.

Savage.
Schlick.
Shelburne.

Shropshire.

Skillern.
Sluder.

Smith.

Stamper.

Stokes.

Thaxton.

Evans of Hunt.
Fields.
Fisher.
Flint.
Freeman.
Good.
Green.
Harris.
Hill of Gonzales. Vaughan, Gua'lupe
Hensley.
Thompson.
Holland of Burnet Vaughan of Collin.
Jones.
Wall.
Kimbell.
Kirk.

Thomas.

Ward.

Welch.

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20, of the Revised Civil Statutes of the State of Texas, relating to acknowledgement of a married woman."

The bill was read second time, and was ordered engrossed.

The Speaker laid before the House, on its third reading and final passage,

House bill No. 54, a bill to be entitled "An act to amend article 338 of the Penal Code of the State of Texas, adopted A. D. 1895, so as to fix the penalty for unlawfully carrying arms at a fine of not less than $25 nor more

Present and excused (under rule 15) than $200." from voting, Mr. Blackburn.

(Speaker in the chair.)

On motion of Mr. Bailey, the regular order was suspended to take up and place on its second reading

Substitute House bills Nos. 16 and 192, a bill to be entitled "An act to make it a penal offense for any person in this State to unlawfully sow, scatter or place on any land the seed or roots of Johnson grass or Russian thistle, or sell or give away any hay, straw or oats or grain containing or intermixed with the seeds or roots of Johnson grass or Russian thistle, or to transport same or allow same to mature on his land, providing adequate penalties therefor, and providing a right of action for all damages sustained thereby, and providing for the restraining of said acts by writ of injunction, and repealing all laws or parts of laws in conflict with this act."

The bill was laid before the House,

read second time, and the committee report was adopted.

On motion of Mr. Maxwell, further consideration of the bill was postponed until next Wednesday.

The bill was read third time, and Mr. Thomas offered the following amendment:

Add: "Provided, that upon a subsequent conviction within one year for a violation of the provisions of this act, which former conviction shall be alleged in the indictment and proven on the trial, the punishment may be by imprisonment in the county jail not less than 10 nor more than 30 days." Tabled on motion of Mr. Ewing.

The bill was passed.

The Speaker laid before the House, on its third reading and final passage, House bill No. 82, a bill to be entitled "An act to amend article 878 of title 17, chapter 9, of the Penal Code of the State of Texas, and to make the receiving or concealing of stolen property a criminal offense, and to offense, and to repeal all laws and provide appropriate penalties for said parts of laws in conflict with the pro

visions of this act."

The bill was read third time, and was passed.

The Speaker laid before the House on its second reading,

House bill No. 75, a bill to be enti

The Speaker laid before the House, on its third reading and final passage, House bill No. 38, a bill to be entitled "An act to amend article 881 of tled "An act to amend article 887 of the Penal Code of the State of Texas, title 10 of the Code of Criminal Pro- relating to theft of horses, asses and cedure of the State of Texas, prescrib- mules, so as to fix the punishment ing the form of recognizance in ap- therefor at confinement in the penipeals in misdemeanors, and to repeal tentiary for not less than two nor all laws and parts of laws in conflict more than ten years," herewith,"

The bill was read third time and was passed.

The bill was read second time, and was ordered engrossed.

The Speaker laid before the House,

The Speaker laid before the House, on its second reading, with amendon its second reading,

House bill No. 67, a bill to be entitled "An act to amend article 635, title 20, of the Revised Civil Statutes of the State of Texas."

ments by the committee,

House bill No. 79, a bill to be enti tled "An act to prevent immoral publications and to prevent the sale and distribution of such publications, mak

The bill was read second time, and ing a violation thereof a felony, prewas ordered engrossed.

scribing penalty therefor, and declar

The Speaker laid before the House, ing an emergency,” on its second reading,

House bill No. 68. a bill to be entitled "An act to amend article 636, title

Mr. McGaughey moved to lay the bill on the table subject to cali, and the motion was lost.

The bill was then read second time, and the committee report was adopted. The committee amendments were adopted.

Mr. Randolph offered the following amendment:

"Amend by striking out section 3." Adopted.

Mr. Wolters offered the following amendment:

Amend by striking out all words in lines 19, 20, 21, in section 1, beginning with "a felony," and substituting

The bill was read third time, and was passed.

The Speaker laid before the House on its third reading and final passage, House bill No. 110, a bill to be entitled "An act to amend articles 2526, 2531 and 2532, of title 49, of the Revised Civil Statutes of the State of Texas, and to repeal article 2527 of said title, relating to forcible entry and detainer."

Pending which,

On motion of Mr. Wolters, the House therefor the words "a misdemeanor, at 12.15 adjourned until 10 o'clock a. and shall upon conviction be punished m. to-morrow.

by a fine of not less than $50 nor more

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Bean.
Bennett.
Benson.
Bertram.
Bird.

House bill No. 80, a bill to be enti- | Beaird. tled "An act to amend section 4, article 2977, title 55, chapter 4, of the Revised Civil Statutes of the State of Texas, making a legal conviction of insanity and five consecutive years confinement of a husband or wife in a State lunatic asylum a legal ground for a divorce of the other, and to repeal all laws and parts of laws in conflict with the provisions of this act,"

The bill was read second time, and Mr. Feild moved that the minority report be substituted for the majority report.

Mr. Bird moved the previous question, which was seconded, and the main question was ordered.

The minority report was adopted almost unanimously, and the bill was killed.

Mr. Sluder moved to adjourn until 9 o'clock a. m. to-morrow, and the motion was lost.

The Speaker laid before the House, on its third reading and final passage, House bill No. 87, a bill to be entitled "An act to amend article 4069 of chapter 4, title 87, of the Revised Civil Statutes of the State of Texas, relating to county surveyors, requiring them to give bond," etc.

Blackburn.
Blair.
Bounds.
Boyd.
Brewster.

Flint.
Freeman.

Gilbough.

Good.
Graham.
Green.

Harris.

Hensley.

Hill of Gonzales.
Hill of Travis.

Holland o. Burnet
Holland of Harris.
Humphrey.

Browne.

Burney.
Burns.
Callan.
Carpenter.
Carswell.
Childs.

Jones.
Kimbell.
Kirk.
Lillard.

Logan.

Lotto.

Love.

Martin.

Maxwell.

Collier.
Conoly.
Crawford.
Crowley.
| Cureton.
Curry.
Dean.

McKellar.

Meade.

λ.elton.

Dennis.
Dickinson.
Dies.
Doyle.
Drew.
Edwards.
Evans of Hunt.
Feild.

Fields.

McFarland.

McGaughey.

McKamy.

Mercer.

Moore, Fort Bend.

Moore of Lamar.

Morris.

Morton.

Mundine.

Neighbors.

O'Connor.

Oliver.

Patterson.

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A quorum was announced present. Prayer by Dr. J. A. Jackson, Chaplain.

Pending reading of the Journal of yesterday,

On motion of Mr. Gilbough, further reading was dispensed with.

GRANTED LEAVE OF ABSENCE.

On account of sickness:

Mr. Ewing for to-day, on motion of Mr. Barbee.

Mr. Evans of Grayson until Tuesday, on motion of Mr. Freeman. Mr. Wilcox until Thursday, on motion of Mr. Vaughan of Collin.

Mr. Henderson for to-day, on motion of Mr. Alexander.

On account of important business: Mr. Bell for to-day, on motion of Mr.

Love.

Mr. Dies until Wednesday, on motion of Mr. Rogers.

Mr. Strother until Tuesday, on motion of Mr. Hill of Gonzales.

Mr. Blackburn until Tuesday, on motion of Mr. McGaughey.

On motion of Mr. Moore of Lamar,! chairman, members of the Committee on Privileges and Elections were at 10:14 a. m. excused for two hours.

PETITIONS AND MEMORIALS.
By Mr. Curry:

A petition from 145 voters of Van Zandt county asking the Legislature to pass a game law making it a heavy

penalty to ship any game out of the State.

Referred to Committee on State Af

fairs.

BILLS AND RESOLUTIONS.

By Mr. Crowley:

House bill No. 291, a bill to be entitled "An act to amend article 4930, title 102, chapter 1, of the Revised Civil Statutes of Texas, 1895, relating to stock laws."

(Adds the following to said article: "Provided, that this rule o evidence I shall not apply in the trials of criminal cases.")

Read first time and referred to Judiciary Committee No. 1.

By Mr. Tucker:

House bill No. 292, a bill to be entitled "An act to amend article 3904, the chapter 7, title 86, of Revised Civil Statutes of the State of Texas, so as to provide that the English language shall be taught in all the public schools of the State of Texas."

Read first time and referred to Committee on Education.

By Mr. Carswell:

House bill No. 293, a bill to be entitled "An act to amend article 2940, chapter 8, of the Revised Statutes of the State of Texas, relating to Arbor Day."

(Makes Thanksgiving Day Arbor Day.)

Read first time and referred to Judiciary Committee No. 1.

By Mr. Shropshire:

House bill No. 294, a bill to be entitled "An act to amend article 4730,

chapter 3, title 97, of the Revised Civil Statutes of the State of Texas adopted in 1895, relating to persons liable to work on roads and their rights and duties, and to repeal article 4730a of the same statute, and repeal all laws and parts of laws in conflict with the same."

(Provides that persons between the ages of 21 and 45 shall be liable to road duty excepting ministers of the gospel, etc., as now provided for by

law.)

Read first time and referred to Judiciary Committee No. 1.

By Mr. Morton:

House bill No. 295, a bill to be entitled "An act relating to the investment of State and county public school funds, and providing for the investment of said funds, not otherwise invested in improved farm lands of the State."

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