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Question recurring on the amend ment 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.

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

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 entiHouse bill No. 81, a bill to be entitled "An act to regulate the operation tled "An act to make the living to- of fire insurance companies, and to degether 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."

fine 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."

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 reading and final passage,
House bill No. 140, a bill to be enti-

tled "An act to amend article 4744, ti-
tle XCVII, chapter 4, of the Revised
Civil Statutes of Texas of 1895, relat-
ing to powers and duties of overseers
of public roads."

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 Attorney General of this State to institute legal proceedings against any such corporations violating the provisions of this act, and to enforce the penalties prescribed; to prescribe pendis-alties for any violations of this act; to authorize any person or corporation damaged by any such trust, agreement or combination to sue for the recovery of such damage, and for other purposes."

The Speaker laid before the House, on its third reading and final passage, House bill No. 162, a bill to be entitled "An act to amend article 193, chapter 1, title 7, of the Penal Code of the State of Texas, relating to turbance of religious worship."

The bill was read third time, and 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.

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 im-| provements at Galveston by the general government has been carried to complete success; and

Whereas, an appropriation has been made by congress for the survey of Buffalo bayou and its connections from the jetties at Galveston to Houston; 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

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 previous Legislatures of this State, have 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 nor- 41 was passed, and to table the momal outlet to the markets of the world tion to reconsider. whereby will be avoided the great expense, delay and loss resulting from the haul across the continent to other ports.

Be it further resolved, that our Representatives and Senators in Congress 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.

The motion to table prevailed.

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

House bill No. 262, a bill to be enti-
tled "An act to amend article 3973, of
the Revised Civil Statutes of the State
of Texas, by adding thereto article
3973e, providing for the issuance of
permanent certificates to teachers *
who have taught five years success-
fully 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-

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ty of his or her residence," and insert Thomas.
"to be valid only in the county where
it is issued."

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

Amend by adding after the word "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:

Thompson.

Blair.
Dean.
Dorroh.

Wilcox.

Absent.

Sluder.

Stamper.
Staples.

Vaughan, Gua'lupe
Williams.

Hill of Gonzales. Tucker.
McKellar.
Patterson.
Rudd.

Alexander.

Ayers.
Bailey.
Barbee.
Bean.
Bell.

Excused.

Kirk.

Logan.

Manson.

Mundine.

Neighbors.

Skillern.

Bounds.

Smith.

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Mr. Wolters moved to reconsider the vote by which House bill No. 262 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. 314, a bill to be entitled "An act to amend articles 529c, 529d, 529g, 529h, 529m and 529n, of chapter 5, title 13, of the Penal Code of the State of Texas of 1895, by adding articles 529s and 529t to said chapter 5, title 13, of said Penal Code of the State of Texas, relating to offenses for the protection of fish, birds and game, and to repeal all laws in conflict herewith."

Mr. Fisher raised the point of order that the House should, as there was a quorum present, proceed with consid eration of House bill No. 9 since the Constitution, article III, section 10, provided that twothirds of each house constituted a quorum to do business, and that rule 51 of the House was in conflict with the Constitution.

The point of order was overruled. Mr. Fisher appealed from the ruling of the Chair, and the appeal was seconded.

The House sustained the ruling of the Chair.

Mr. McGaughey moved to reconsider the vote by which the previous question was ordered, upon which motion yeas and nays were demanded by Mr. Henderson, Mr. Dies and Mr. Rogers. The motion to reconsider prevailed by the following vote:

Barrett.

Beaird.

Bertram.

Bird.

Blackburn.

Boyd.

Brigance.

Bumpass.

Ewing.

Fields.

Fisher.

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Burney. Burns.

Carpenter.

Conoly.

Crawford.

Cureton.

Curry.

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Yeas-67.

Good.

Green.

Harris.

Henderson.

Hill of Travis. Holland of Burnet. Holland of Harris. Humphrey.

Jones.

Kimbell.

Lillard.

Lotto.

Maxwell.

McFarland.

McGaughey.

Crowley.

I vote no on this bill because it is a discrimination against the intelligent, educated teachers of the State, and because I believe it a premium upon ignorance. SHELBURNE.

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