Wolters.

Nays-39.

Beaird.
Benson.
Bertram.

Maxwell.

Kimbell.
Lillard.

The motion to table prevailed. The Speaker laid before the House, on its third reading and final passage, House bill No. 79, a bill to be entitled "An act to prevent immoral pub lications and to prevent the sale and distribution of such publications, making a violation thereof a felony, pre- Brigance. scribing penalty therefor, and declaring an emergency."

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

Amend by striking out all the words of section 1 after the word "guilty." in line 19, and inserting the following words, "of a misdemeanor, and on conviction thereof shall be punished by imprisonment for a term not exceed | ing six months in the county jail or by fine not less than $100 nor more than $500."

the

Mr. Brigance moved to table amendment, and the motion was lost. (Mr. Callan was announced present.) Mr. Barbee was excused for to-day, on account of sickness, on motion of Mr. Pitts.

Mr. Skillern was excused for to-day. on account of sickness, on motion of Mr. Stokes.

Mr. Wolters moved to excuse all the absentees, upon which motion yeas and nays were demanded by Mr. Beaird, Mr. Turner and Mr. Reiger. The House refused to excuse the absentees by the following vote:

bird.

Burns.
Callan.

Crawford.

Dickinson.

Dies.
Dorroh.

McFarland.

McKamy.

McKellar.

Moore of Lamar.
Oliver.

Pfeuffer.

Randolph.

Reiger.

Rogers.

Smyth.

Strother.

Thomas.

Evans of Grayson. Staples.
Gilbough.
Good.
Green.
Harris.
Henderson.

Tracy.
Turner.

Vaughan of Collin.

Holland of Harris. Wilcox.
Humphrey.
Lotto.

Blair.
Dennis.

Wood.

Absent.

Stamper.
Tucker.

Question recurring on the amendment by Mr. Dickinson to House bill No. 79, it was lost.

The bill was passed.

Mr. Ewing moved to reconsider the vote by which House bill No. 79 was passed, and to table the motion to reconsider.

The motion to table prevailed.

BILLS AND RESOLUTIONS.

(By unanimous consent.)

By Mr. Smyth:

Petition of 80 citizens of Cottle county, asking that Cottle county be retained in the Fiftieth judicial district. Referred to Committee on Judicial Districts.

By Mr. Pitts:

House bill No. 479, a bill to be enti

The Speaker laid before the House, on its third reading and final passage, House bill No. 81, a bill to be entitled "An act to regulate the operation tled "An act to make the living together and having carnal intercourse 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."

The bill was read third time, and passed.

Mr. Beaird moved to reconsider the vote by which House bill No. 81 was passed, and to table the motion to reconsider.

The motion to table prevailed. The Speaker laid before the House, on its third realing and final passage, House bill No. 140, a bill to be entitled "An act to amend article 4744, title XCVII, chapter 4, of the Revised Civil Statutes of Texas of 1895, relating to powers and duties of overseers of public roads."

of fire insurance companies, and to define the rights of insurer and insured, and providing that in case of depreciation of insured property the excess of premium paid shall be returned to the person insured; providing a ratio of payment by insurers when policies are held in two or more companies; defining the term 'wholly destroyed,' and defining the application of this act.”

Read first time, and referred to Committee on Insurance, Statistics and History.

By Mr. Feild:

House bill No. 480, a bill to be entitled "An act to declare unlawful and void all arrangements, contracts, agreements, trusts, or combinations made with a view to lessen, or which tend to lessen, free competition in the importation or sale of articles imported into this State, or in the manufacture or sale of articles of domestic growth, or of domestic raw material; to declare unlawful and void all arrangements, contracts, agreements, trusts or combinations between persons or corporations, designed, or

The bill was read third time, and which tend to advance, reduce, or conpassed.

Mr. Dean moved to reconsider the vote by which House bill No. 140 was passed, and to table the motion to reconsider.

The motion to table prevailed.

Mr. Tracy moved to excuse Mr. Burney for thirty minutes, on account of important business, and the motion was lost.

trol the price of such product or article to producer or consumer of any such product or article; to provide for forfeiture of the charter and franchise of any corporation organized under the laws of this State, violating any of the provisions of this act; to prohibit every foreign corporation violating any of the provisions of this act from doing business in this State; to require the The Speaker laid before the House, Attorney General of this State to instion its third reading and final passage. tute legal proceedings against any House bill No. 162, a bill to be enti- such corporations violating the provitled "An act to amend article 193, sions of this act, and to enforce the chapter 1, title 7, of the Penal Code penalties prescribed; to prescribe penof the State of Texas, relating to dis-alties for any violations of this act; to turbance of religious worship." authorize any person or corporation The bill was read third time, and damaged by any such trust, agreement passed.

Mr. Love moved to reconsider the vote by which House bill No. 162 was passed, and to table the motion to reconsider.

The motion to table prevailed.

24-House.

or combination to sue for the recovery of such damage, and for other purposes."

Read first time, and referred to Committee on State Affairs.

By Mr. Wood:

Concurrent resolution No. 11:

Whereas, it is a recognized principle in the philosophy of commerce that the sooner the products of any State or section reach navigable connection with the high seas the greater is the return for the labor of the producer;| and

Whereas, the system of jetty improvements at Galveston by the general government has been carried to complete success; and

ANNOUNCEMENT.

The Speaker announced the following appointment: James Gibson, clerk to the Sergeant-at-Arms, vice William Bookman, resigned.

Mr. Fields, by unanimous consent, offered the following resolution:

Whereas, since the adjournment of the Twenty-fourth Legislature, the Hon. J. M. C. Wilson of Hill county,. the Hon. A. J. Hart of Somervell county, S. G. Graham of Johnson county, and T. P. McNeill of Live Oak county, faithful and honored members of pre

Whereas, an appropriation has been made by congress for the survey of Buffalo bayou and its connections from the jetties at Galveston to Hous-vious Legislatures of this State, have ton; therefore, be it

Resolved by the House, the Senate concurring, that we do hereby express our gratification at the success of the deep water movement at Galveston, and record the hope that all the expectations therefrom may be fully realized, and believing that like success and great benefit will result from the opening of a navigable water from the Gulf to the city of Houston, we do tender the thanks of this body to our Senators and Representatives in Congress, and to the Senators and Representatives from other States who aided in securing the appropriation for the work at Galveston, and for said survey of Buffalo bayou; and

been called from this life to their final reward in the life beyond, and their public services brought to a close; and

Whereas, we desire to do honor to the memory of our deceased friends, and bear upon the pages of the Record of this body a testimonial of our appreciation of their public services; therefore, be it

Resolved, that four committees, each consisting of three members, be appointed to prepare and present to the House appropriate resolutions of respect to their memories.

Read second time, and adopted.

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

House bill No. 41, a bill to be entitled "An act to amend article 2979, of chapter 4, title 55, of the Revised Statutes of the State of Texas, relating to divorce, so as to make husband and wife competent witnesses, and to repeal all laws in conflict herewith."

The bill was read third time, and passed.

Be it further resolved, that we do endorse and approve the contemplated work of the improvement of Buffalo bayou by means of appropriation by the general government as a measure of great and general interest not only to the people of Texas, but to all the people in that vast and productive territory lying west of the Mississippi Mr. Evans of Hunt moved to reconriver, who will find through said wa-sider the vote by which House bill No. terway to the Gulf a natural and nor41 was passed, and to table the momal outlet to the markets of the world tion to reconsider. whereby will be avoided the great ex- The motion to table prevailed. pense, delay and loss resulting from The Speaker laid before the House, the haul across the continent to other on its third reading and final passage, ports. House bill No. 262, a bill to be entiBe it further resolved, that our Rep-tled "An act to amend article 3973, of resentatives and Senators in Congress the Revised Civil Statutes of the State be and they are hereby instructed to give their aid toward securing the appropriations necessary to carry to successful completion the work of improvement of Buffalo bayou till it is opened as a navigable water for the largest sea-going vessels to the city of Houston.

Be it further resolved, that a copy of these resolutions be forwarded to both of the Senators from this State and to each representative-elect from Texas to the next Congress.

Read second time, and adopted.

of Texas, by adding thereto article 3973e, providing for the issuance of permanent certificates to teachers who have taught five years successfully and continuously in one of the public free schools of this State; said certificate to be good for the county of their residence."

The bill was read third time. (Mr. Rogan in the chair.) Mr. Thomas offered the following amendment:

Amend by striking out, in lines 20 and 21, the words "good for the coun

lowing amendment:

Blair.

Dean.
Dorroh.

McKellar.

Wilcox.

Absent.

Sluder.

Stamper.
Staples.

Amend by adding after the word Hill of Gonzales. Tucker. "void," in line 23, the words "provided, that the provision of this bill shall only apply to teachers holding first grade certificates."

Mr. Henderson moved to table the amendment, upon which motion yeas and nays were demanded by Mr. Evans of Grayson, Mr. Cureton and Mr. Moore of Lamar.

The amendment was tabled by the following vote:

Patterson.
Rudd.

Alexander.

Ayers.
Bailey.

Barbee.
Bean.

Bell.

Vaughan, Gua'lupe
Williams.

Excused.

Kirk.

Logan.

Manson.

Mundine.

Neighbors.

Skillern.

Bounds.

Smith.

Schlick.

Garrison.

Seabury.

Gilbough.

Smyth.

Good.

Stokes.

Graham.

Strother.

Harris.

Tracy.

Turner.

Crowley.
Flint.

Ward.

Mr. Evans of Grayson offered the following amendment:

Amend by striking out the enacting clause.

Tabled on motion of Mr. Henderson. Mr. Beaird offered the following amendment:

Amend by striking out the word "shall" between the words "years" and "issue," in line 19, of article 3973e, on page 1 of the bill, and insert in lieu thereof the word "may."

Lost.

Mr. Reiger moved the previous question, and it was not seconded.

Mr. Brewster offered the following amendment:

Amend by striking out the words "five years successfully and continu

Vaughan of Collin. ously in one of the public free schools

Hill of Travis. Wall.

Holland of Burnet. Welch.

Wood.

Holland of Harris. Wolters.

Lotto.