Speaker Dashiell until Monday, on motion of Mr. Hill of Travis.

Mr. Rogers until Monday, on motion of Mr. Good.

On motion of Mr. Garrison, W. J. Townsend, committee clerk, was excused indefinitely, on account of the death of his mother.

MESSAGE FROM THE SENATE. Senate Chamber.

Austin, Texas, 1. 4, 1897. Hon. L. T. Dashiell, Speaker of the House.

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

Senate bill No. 13, a bill to be entitled "An act to abolish the unorganized counties of Buchel and Foley and incorporate their territory in the county of Brewster, to provide for the payment of certain bonds held by the State against said unorganized counties out of funds now on hand to their credit, and for the transfer and payment of the balance of said funds to the proper officers and said Brewster county,"

Senate bill No. 23, a bill to be enti

tled "An act to provide a mode of service binding upon the inhabitants of any town or village to whom land grants have been made, and which are not otherwise incorporated, in suits brought in relation to said lands, and to regulate proceedings thereunder."

Senate bill No. 52, a bill to be entitled "An act to require every express company to keep a general office in this State, and to furnish such information in relation to its property, indebtedness and business as may be required by the Railroad Commission of Texas."

Senate bill No. 82, a bill to be entitled "An act to amend article 256 of the Revised Civil Statutes of Texas, relating to applications for license to practice law."

Also, Senate concurrent resolution No. 6, providing for the appointment of a joint committee to visit the State penitentiaries and other penal institu

tions.

Also, Senate concurrent resolution No. 7:

Be it resolved by the Senate, the House of Representatives concurring, that the joint rules for the government of the Senate and House of Representatives adopted by the Twentyfourth Legislature be adopted as the joint rules of the Twenty-fifta Legis

lature.

Respectfully,

WILL LAMBERT, Secretary.

Moore, Fort Bend. Robbins.

SPECIAL ORDER.

Moore of Lamar. Shelburne.

Sluder.

Neighbors.

The motion to table the second committee amendment prevailed.

The third, fourth and fifth committee amendments were then read and adopted seriatim, as follows:

(3) "Sec. 4a. Before entering upon the duties of this office each and every member of this board shall make oath before any officer authorized to administer an obligation, who shall be empowered to use a seal of office, that he will faithfully discharge the duties incumbent upon him to the best of his ability. The same shall be filed for record with the county clerk in the county in which affiant resides. The county clerk shall receive for recording the same 50 cents.

Contest election case of A. F. Brigance v. I. M. Bennett.

the

On Tuesday, February 2nd, Committee on Privileges and Elections, which had this case under consideration, made report to ne House, submitting a majority report recommending that A. F. Brigance, contestant, be seated, and that I. M. Bennett, contestee, be unseated; and a minority report recommending that I. M. Bennett be declared the duly elected Representative from Grimes county, and that should this House in its judgment from the facts thus far introduced be not satisfied that said contestee is the duly elected Representative from Grimes county, then we ask that this case be recommitted, with instructions to further investigate the same and to hear additional testimony fully and impartially to both contestant and contestee.

were

Both these reports, which printed in full in the Journal of Tuesday, February 2, and which were on that day made a special order for today at 10 o'clock a. m., were laid before the House and were read.

Mr. Lillard, by unanimous consent, called up the following resolution, which was yesterday spread upon the Journal and went over under the rules:

Whereas, in the contested election case of Brigance vs. Bennett, now 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 one of the aforesaid precincts, viz., Plantersville, was open or loose when the same was delivered to the Sergeant-at-Arms of this House by the county clerk of Grimes, as is shown by the testimony of said clerk before the committee.

And whereas, the contestee in this case, I. M. Bennett, does aver that he can and will at his own expense prove to this House by the voluntary affidavits of the voters of said Plantersville and Pointer's Prairie precincts that the ballots as now contained in said ballot boxes do not reflect the true result of the election held in their respective precincts for the office of Representative on the 3d day of November, 1896, but that the ballot boxes have been tampered with, and ballots taken out and other ballots substituted for same, to the detriment and injury of said contestee; and he further avers that he can and will prove as above indicated, that at Iola box, precinct No. 2, I. M. Bennett received about 40 votes upon what is known as the "cocked hat ticket," when in fact it is shown by the recount of the ballots in said box that there are now only 11 of the said tickets in the said box.

And whereas, the said I. M. Bennett has received the depositions of the presiding officer and two of the judges of the election held November 3 last, at said Pointer's Prairie box, all of whom swear that the vote cast for Bennett and Brigance, respectively, was exactly as it was certified to on the tally sheets sent up to the county seat of Grimes county, and verified by the several election judges of said county who appeared before the committee on Privileges and Elections here, said election officers declaring in their affidavit that if the count of the tickets made here did not accord with the figures on the tally sheet, then the ballot box had been tampered with after it had left their hands;

And whereas, it is and should be the purpose and desire of this House to do even and exact justice to each part in every election contest case; therefore be it

Rudd.

Savage.

Schlick.

Seabury. Shropshire. Sluder. Smyth. Stamper.