Tabulated Statement of Votes Cast for Representative in Grimes County, Texas, at an Election Held November 3, 1896. MESSAGE FROM THE SENATE. Senate Chamber, Austin, Texas, Feb. 2, 1897. Hon. L. T. Dashiell, Speaker of the House. Sir: I am directed by the Senate to inform the House that the Senate has passed Senate bill No. 18, a bill to be entitled "An act to amend article 386c, chapter 1, title 18 of the Revised Civil Statutes of Texas, relating to cities and towns," by the following vote: Ayes, 24; noes, none. Also, Senate bill No. 57, a bill to be entitled "An act making an appropriation to pay for publishing the constitutional amendments proposed by the Twenty-fourth Legislature," by the following vote: Ayes, 25; nays, none. Senate bill No. 36, a bill to be entitled "An act to amend article 723, title 8, chapter 5, of the Code of Criminal Procedure of the State of Texas relating to the reversal of cases by the Court of Criminal Appeals." Senate bill No. 43, a bill to be entitled "An act to amend article 672 of title 8, chapter 3, of the Code of Crim inal Procedure of the Revised Statutes of the State of Texas of 1895," Respectfully, WILL LAMBERT, Secretary Senate. SENATE BILLS ON FIRST READING. The following bills, received from the Senate, were read first time and referred as follows: Senate bills Nos. 36 and 43, to Judi ciary Committee No. 2. Senate bill No. 18, to the Committee on Towns and City Corporations. Senate bill No. 57, to the Committee on Finance. BILLS WITHDRAWN. House bill No. 270, on request of Mr. Harris. House bill No. 238, on request of Mr. Smyth. House bill No. 297, on request of Mr. Stokes. FURTHER TIME GRANTED. For consideration of House bill No. 202, on request of Mr. McGaughey, chairman. Mr. Moore of Lamar called up the report of the Committee on Privileges and Elections, in the contest case of Cocked hat tickets. Brewster. Morton. Mundine. Oliver. Browne. House bill No. 81, a bill to be entitled "An act to make the living together and having carnal intercourse Burney. with each other, or the habitual carnal intercourse with each other without living together, of a man and woman within the State of Texas when not legally married together a criminal offense, and to provide an appropriate penalty for said offense, and to repeal articles 353, 354, 355, 356, 357, and 358 of title 10, chapter 3 of the Penal Code of the State of Texas and all other laws and parts of laws in conflict with the provisions of this act." On motion of Mr. Beaird, further consideration was postponed until next Tuesday, February 9, at 10 o'clock a. m. The Speaker laid before the House, on its second reading and passage to a third reading, Senate bill No. 6, a bill to be entitled "An act to prescribe the time when suits for personal injuries and for injuries resulting in death shall be instituted, and to fix the period of limitation in such action." Burns. Peery. Rhea. Shropshire. Dickinson. Schlick. Dorroh. Seabury. Shelburne. Evans of Hunt. Skillern. Sluder. Fields. Smith. Gilbough. Hensley. Tracy. Tucker. Turner. Vaughan, Guad’lup Wall. Holland of Burnet Welch. With amendment by the committee. The bill was read second time, and the committee report was adopted. The amendments were adopted, and The bill was passed to a third reading. The Speaker laid before the House, on its third reading and final passage, House bill No. 62, a bill to be entitled "An act for the relief of railway corporations and belt and suburban railway companies having charters Bertram. granted or amended since the first day Collier. of January, 1887, and which have Dies. failed or are about to fail to construct their roads and branches, or any part | Bean. thereof, within the time required by Blair. law." The bill was read third time. Williams. Wood. Nays-5. Manson. Thaxton. Absent. Jones. Moore of Lamar. Ward. BILLS AND RESOLUTIONS. Mr. Childs, by unanimous consent, offered the following resolution: Whereas, the Hon. W. M. Holland, a distinguished member of this House, has recently taken the wisest and most important step of his life in returning to this city with his life's companion, and thereby securing the highest prize which a bachelor may hope to obtain; Therefore, it is the sense of the House of Representatives that we extend to him and his fair bride our sincere congratulations for a long life of happiness and prosperity, and that we do now take a recess of ten minutes in order to welcome him on his return and shake hands with him over his recent success. Read second time, and 11 On motion of Mr. Boyd, further consideration was postponed until o'clock a. m. to-day. By Mr. Dickinson: By Mr. Meade: House bill No. 337, a bill to be entitled "An act to amend article 207, chapter 1, title 8, of the Penal Code, changing the penalty in perjury cases, except as provided for in article 208 of the Penal Code, from not more than ten years nor less than five years in the penitentiary, to not more than ten years nor less than two years in the penitentiary." Read first time and referred to Judiciary Committee No. 2. By Mr. Turner: House bill No. 338, a bill to be entitled "An act to prohibit the catching of fish, green turtle, loggerhead terrapins, or shrimp with seine, drag nets, spikes, set nets, gil nets, trammel nets, traps, dams, or weirs in any of the bays or navigable waters of this State within the corporate limits of any incorporated town or city, or within one mile of the corporate limits of such city or town, and to provide a penalty therefor." Read first time and referred to Judiciary Committee No. 2. By Mr. Ayers: House bill No. 339, a bill to be entitled "An act to amend article 2286, chapter 2, title 40, of the Revised Civil Statutes of the State of Texas, relating to the manner of the return of depositions." (Provides that such depositions may be transmitted though the mail in registered packages without endorsement of the postmaster or deputy.) Read first time and referred to Judiciary Committee No. 1. By Mr. Turner: House bill No. 340, a bill to be enti House bill No. 335, a bill to be entitled "An act to amend article 747 of tled “An act to expedite and facilitate chapter 18 of title 21 of the Revised the trial of persons indicted for the Civil Statutes of the State of Texas, offense of rape, assault to commit restricting land holdings of certain rape, murder committed in the per- corporations and to confer certain petration or the attempt at the per-powers upon such corporations in repetration of rape, to authorize the lation to real property in incorporated Governor to appoint special district cities and towns.” judges to try such cases, to fix the compensation of such special judges, and to advance such cases on the dockets of the District Courts and the Court of Criminal Appeals." Read first time and referred to Committee on Internal Improvements. By Mr. O'Connor: Read first time and referred to Judi- chapter 19, title 39, of ciary Committee No. 2. By Mr. Turner: House bill No. 336, a bill to be entitled "An act to regulate proceedings in the district court on appeal from the county court, contesting the probation of last will and testaments.' Read first time and referred to Judiciary Committee No. 1. House bill No. 341, a bill to be entitled "An act to amend article 2063, the Revised Civil Statutes of the State of Texas, relating to the notice of issuance of letters of administration or letters testamentary and the estates of decedents." (Provides that a copy of said published notice be sent by registered mail to each, and every creditor of such estates whose residence is with out the county in which said adminis- holder on the delivery of a proper tration is pending, etc.) Read first time and referred to Judiciary Committee No. 1. By Mr. Ayers. House bill No. 342, a bill to be entitled "An act to amend article 1490, chapter 21, title 30, of the Revised Civil Statutes of the State of Texas of 1895, and to create a preference lien on corporate property for claims for labor and material prior to the lien of mortgaged indebtedness." deed to the incumbered property.) Read first time, and referred to Judiciary Committee No. 1. By Mr. McFarland: 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 sales of real and personal property under deeds of trust Read first time and referred to Judi- and contract liens of any sort." ciary Committee No. 1. By Mr. Cureton (by request): House bill No. 343, a bill to be entitled "An act to compel banks and other institutions of like character to give bond for money deposited, said bonds to be for at least double the amount of deposits on hand at one time." (Provides that such notices shall be published in a newspaper, and fixes the fees for same.) Read first time and referred to Judiciary Committee No. 1. Mr. Lillard offered the following resolution, which goes over one day under the rules: Whereas, in the contested election Read first time and referred to Com- case of Brigance vs. Bennett, now mittee on State Affairs. By Mr. O'Connor: pending before this House from the Fifty-fourth Representative District, the fact has developed, upon a recount of the ballots of and from said Fiftyfourth District by the committee, that in two precincts of said district, viz., Plantersville and Pointer's Prairie, there is a very serious discrepancy or difference between the result of said recount of the ballots by the committee and the result as shown by the poll lists, tally sheets and returns, as sworn to by the presiding officers, judges and clerks of elections in and for said precincts, and a copy of which was kept in the hands of the presiding officer of each precinct (as required by law), and which has been identified, sworn to and presented in evidence before the committee as reflecting the true result of an election as held in their respective precincts on November 3, 1896, for the office of Representative for the Fifty-fourth District. And whereas, a duplicate copy of said poll lists, tally sheets and returns were found in each box by the committee, duly executed and sworn to by the election officers, which is found to show the same result as the copy held by the presiding officers and by them turned over to the committee. And whereas, the ballot box from House bill No. 347, a bill to be enti- one of the aforesaid precincts, viz., tled "An act to amend articles 2245 Plantersville, was open or loose when and 2246, chapter 30, title 37, of the the same was delivered to the SerRevised Civil Statutes of Texas, relat- geant-at-Arms of this House by the ing to the commissions allowed ex-county clerk of Grimes, as is shown ecutors and administrators." by the testimony of said clerk before the committee. (Changes the commission in article 2245 from 5 to 2% per cent. Provides for a fee of $50 to be paid by the lien And whereas, the contestee in this case, I. M. Bennett, does aver that he |